Patna High Court
Niyamul Rain @ Niyabul @ Md. NiyabulversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there is no fresh ground, and the trial must be expedited.
Summary
The petitioner, Niyamul Rain, was charged under Sections 326(g), 103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023, with later additions of Sections 124(1) and 109(1). He has been in judicial custody since 2 August 2024 and previously applied for bail, which was denied on merit on 7 April 2025. He filed a second bail petition claiming prolonged incarceration and lack of criminal antecedents, but offered no new ground for relief. The Court observed that the petition does not raise any fresh issue and therefore upheld the earlier decision, rejecting the bail application. The Court directed the lower trial court and police to expedite the trial and ensure witness production to conclude the case promptly.
Issues considered
- Whether a second bail petition can be entertained without any new ground or material change in circumstances.
- Whether the petitioner’s continued judicial custody is justified in view of the pending trial.
- Whether the trial can be expedited to avoid unnecessary deprivation of liberty.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 124(1), 326(g), 61(2)
Subjects
- bail
- judicial custody
- Bharatiya Nyaya Sanhita
- repeat bail petition
- trial expeditious
- no fresh ground
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85192 of 2025
Arising Out of PS. Case No.-237 Year-2024 Thana- BALIYA District- Begusarai
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Niyamul Rain @ Niyabul @ Md. Niyabul s/o Jinit Rain @ Md. Jinnat R/o
Village - Lakhminia, P.S - Balia, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parwej Khan, Advocate
For the State : Mr. Tarkeshwar Nath Thakur, APP
For the Informant : Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Balia
(Ballia) P.S. Case No. 237 of 2024 instituted for the offences
under Sections 326(g), 103(1) & 61(2) of the Bharatiya Nyaya
Sanhita, 2023. Subsequently, Sections 124(1) & 109(1) of the
BNS were added.
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 07.04.2025, passed in Cr. Misc. No. 1197 of 2025.
4. In compliance of the order dated 12.12.2025, a
report dated 16.01.2026 with regard to the present stage of trial
Patna High Court CR. MISC. No.85192 of 2025(3) dt.09-02-2026
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has been received. From perusal of the aforesaid report, it
appears that the present case is fixed on the point of charge.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 02.08.2024
without any rhymes or reason, having no criminal antecedent. It
is submitted that there is no likelihood of the trial being
concluded in the near future. Learned counsel next submits that
petitioner has suffered long incarceration, hence, petitioner is
entitled to bail.
6. Learned APP for the State and learned counsel for
the informant opposes the prayer for grant of bail.
7. There is no new ground to consider the bail petition
of the petitioner, which is already decided by this Court on
merit.
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.
9. The District Magistrate, Begusarai and the
Superintendent of Police, Begusarai are also directed to take
necessary steps to produce the witnesses on the date fixed in the
Trial Court so that the trial could be concluded within the
stipulated period.
Patna High Court CR. MISC. No.85192 of 2025(3) dt.09-02-2026
3/3
10. Let this order be communicated to the District
Magistrate, Begusarai and the Superintendent of Police,
Begusarai.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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