Patna High Court
Md NasimversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 143(5)
- Juvenile Justice Act — s. 79
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
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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
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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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