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Patna High Court

Md. Nisar @ Md. MikailversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application was rejected.

Summary

The petitioner, Md. Nisar, was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for a murder case. He applied for bail, having been in custody since 10 November 2023, and had previously sought regular bail which was rejected in June 2024. The State argued that the trial was well underway, with charges framed on 1 August 2024 and 18 of 21 witnesses already examined. The petitioner’s counsel could not rebut the State’s submission regarding the progress of the trial. The High Court, after hearing both sides, declined to grant bail and directed the trial court to complete the trial within four months, thereby rejecting the bail application.

Issues considered

  • What is the appropriate consideration for granting bail in a murder case where a substantial portion of the trial evidence has already been examined?
  • Whether the stage of trial and the nature of the offences justify the denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • Indian Penal Code
  • Arms Act
  • high court
  • criminal miscellaneous
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.903 of 2026

                     Arising Out of PS. Case No.-286 Year-2019 Thana- TATARPUR District- Bhagalpur
                 ======================================================
                 Md. Nisar @ Md. Mikail Son of Md. Badal R/o Village - Asanandpur, P.S. -
                 Tatarpur, Dist. - Bhagalpur, Bihar.


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


                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amitabh Rituraj, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                  ORAL ORDER


3   11-05-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

                                 2. The petitioner seeks bail in connection with

                   Tatarpur P.S. Case No. 286 of 2019, registered for the offences

                   punishable under Sections 302 and 34 of the Indian Penal Code

                   read with Section 27 of the Arms Act.

                                 3. The learned counsel for the petitioner submits that

                   petition has antecedent of three cases and is in custody since

                   10.11.2023.
Patna High Court CR. MISC. No.903 of 2026(3) dt.11-05-2026
                                            2/3




                       4. At this stage, the learned APP submits that

          petitioner had earlier moved this Court seeking regular bail by

          filing Criminal Miscellaneous No. 19765 of 2024 and the same

          came to be rejected by an order dated 21.06.2024. It is further

          submitted that by order dated 10.04.2026, a report was called

          for from the learned Trial Court with regard to the stage of the

          case and from perusal of the report contained in Letter No. 119

          dated 18.04.2026, it would manifest that the same records that

          charges were framed on 01.08.2024 and out of 21 witnesses 17

          witnesses have been examined and one witness who was not a

          charge-sheet witness was also examined, as such, total 18

          witnesses have been examined and the last witness was

          examined on 18.12.2024 and next date fixed in the case was

          02.05.2026.

                       5. It is further submitted by the learned APP that the

          case is of murder.

                       6. Learned counsel appearing on behalf of the

          petitioner is not in a position to rebut the said submission of the

          learned APP for the State.

                       7. After hearing the learned counsel for the parties,

          the Court is not inclined to release the petitioner on bail.

                       8. However, the learned Trial Court is directed to
            Patna High Court CR. MISC. No.903 of 2026(3) dt.11-05-2026
                                                        3/3




                      conclude the trial within a period of four months from the date

                      of receipt/production of a copy of this order, since out of 21

                      witnesses, 18 witnesses have already been examined.

                                   9. Accordingly, the instant bail application stands

                      rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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