Patna High Court
Md. Waris Alam @ Waris Alam @ MunnaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Md Waris Alam, was arrested in connection with a case under Section 21(c) of the Indian Penal Code involving the recovery of commercial quantities of Corex Triprolidine Hydrochloride and Codeine Phosphate Syrup from his motorcycle. He has been in judicial custody since 26 October 2024 and filed a second bail application after an earlier denial by a coordinate bench. The petitioner argued that he has two prior criminal antecedents for which he is on bail, that the charge was framed on 22 March 2025, and that the trial is still pending. The State opposed bail, relying on a Supreme Court decision (X v. State of Rajasthan, 2024 SCC OnLine SC 3539) which cautions courts against granting bail in serious offences once trial has commenced. The Patna High Court, finding no new ground and adhering to the Supreme Court precedent, rejected the bail petition and directed the lower court to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 21(c) IPC after the trial has commenced.
- Whether the Supreme Court’s guidance in X v. State of Rajasthan (2024 SCC OnLine SC 3539) is applicable to deny bail in this circumstance.
Legislation cited
- Indian Penal Code — s. 21(c)
Subjects
- bail
- Section 21(c) IPC
- serious offence
- trial commencement
- Supreme Court precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7255 of 2026
Arising Out of PS. Case No.-665 Year-2024 Thana- FORBESGANJ District- Araria
======================================================
Md. Waris Alam @ Waris Alam @ Munna S/O Md. SK. Riyasat @ Riyasat @
Md Malim R/O Village Haripur ward no.- 06, P.S - Forbesganj, District-
Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Forbesganj P.S. Case No. 665 of 2024, instituted for the
offences under Sections 21(c) of the Indian Penal Code.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by a co-ordinate Bench of this Court
vide order dated 14.05.2025 passed in Cr. Misc. No. 6900 of
2025 taking into consideration the recovery of commercial
quantity of Corex Triprolidine Hydrochloride and Codeine
Phosphate Syrup Wiscodin from the motorcycle of the
petitioner.
Patna High Court CR. MISC. No.7255 of 2026(2) dt.19-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 26.10.2024
without any rhymes or reason and has got two criminal
antecedents in which he is on bail. It is further submitted that
charge has already been framed against the petitioner on
22.03.2025 and till date the trial has not concluded.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner. Learned APP for the
State relied upon a decision of the Hon’ble Apex Court reported
in 2024 SCC OnLine SC 3539 (X. vs. State of Rajasthan &
Anr.), wherein in paragraph no. 14, the Hon’ble Apex Court has
held as under:
“14. Ordinarily in serious offences like rape,
murder, dacoity, etc., once the trial
commences and the prosecution starts
examining its witnesses, the Court, be it the
Trial Court or the High Court should be
loath in entertaining the bail application of
the accused.”
6. There is no new ground to consider the bail petition
of the petitioner. Considering the reliance placed by the learned
APP for the State upon a decision of the Hon’ble Apex Court,
Patna High Court CR. MISC. No.7255 of 2026(2) dt.19-02-2026
3/3
this Court is not inclined to grant bail to the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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