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Patna High Court

Md NasimversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail is denied as there is no new ground and the trial is at an advanced stage.

Summary

The petitioner, Md Nasim, was charged under Section 143(5) of the Bharatiya Nyaya Sanhita, 2023, Section 79 of the Juvenile Justice Act and Section 14 of the Child Labour (Prohibition and Regulation) Amendment Act, 2016. He applied for regular bail for the second time after an earlier bail denial. The court noted that four of eight charge‑sheet witnesses had been examined and the trial was expected to conclude within nine months, but the petitioner had been in judicial custody since 16‑08‑2024. The State opposed bail, relying on a Supreme Court decision (X v. State of Rajasthan & Anr., 2024 SCC Online SC 3539) that serious offences should not be granted bail once trial is underway. The High Court found no new ground for relief and held that the trial was at an advanced stage, consequently rejecting the bail application and directing the lower court to expedite the trial within four months, allowing a fresh bail petition thereafter.

Issues considered

  • Whether bail can be granted at an advanced stage of trial for serious offences under the Bharatiya Nyaya Sanhita, Juvenile Justice Act and Child Labour Act.
  • Whether the petitioner has raised any new ground justifying bail after the earlier denial.
  • Whether the Supreme Court precedent in X v. State of Rajasthan & Anr. is applicable to the present case.

Legislation cited

Subjects

  • bail
  • serious offences
  • trial stage
  • Bharatiya Nyaya Sanhita
  • Juvenile Justice Act
  • Child Labour Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80327 of 2025
                    Arising Out of PS. Case No.-103 Year-2024 Thana- RAIL HAJIPUR District- Vaishali
                 ======================================================
                 Md Nasim Son of Hasifur @ Hasibur Rahman R/o Shikarpur, P.S. -
                 Abadpur(Awadhpur), Dist. - Katihar.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with S.T.

                   No. 690 of 2024, arising out of Sonepur (Hajipur) P.S. Case No.

                   103 of 2024 instituted for the offences under Section 143(5) of

                   the Bharatiya Nyaya Sanhita, 2023 and Section 79 of the

                   Juvenile Justice Act as also Section 14 of the Child Labour

                   (Prohibition and Regulation) Amendment Act, 2016.

                           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 on merit by this Court vide order

                   dated 08.04.2025, passed in Cr. Misc. No. 1414 of 2025, taking

                   into account the nature of accusation and the gravity of the
Patna High Court CR. MISC. No.80327 of 2025(3) dt.09-01-2026
                                            2/3




          offence.

                  4.      In compliance of the order dated 21.11.2025, a

          report dated 11.12.2025, with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that four out of eight charge sheet witnesses have been

          examined in this case. It is further reported that trial is likely to

          be concluded within a period of nine months.

                  5.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 16.08.2024,

          without any rhymes or reason. Learned counsel for the

          petitioner submits that there is no likelihood of the trial being

          concluded in the near future.

                  6.      Learned APP for the State opposes the prayer for

          grant of bail. Learned APP has further 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,

          Hon’ble Apex Court has observed 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
           Patna High Court CR. MISC. No.80327 of 2025(3) dt.09-01-2026
                                                       3/3




                                                             should be loath in entertaining
                                                             the   bail   application   of   the
                                                             accused.”
                             7.      There is no new ground to consider the bail petition

                     of the petitioner. From the aforesaid report, it appears that the

                     trial is going on and is at an advance stage.

                             8.      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 expeditiously

                     preferably within a period of four months from today. If the trial

                     is not concluded within the period of four months, as stated

                     above, the petitioner will be at liberty to renew his prayer before

                     the court below.


                                                               (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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