Patna High Court
Madaran Mian @ Md. Madaran AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond with conditions.
Summary
The petitioner, Madaran Mian, sought regular bail in a case registered under Sections 457, 380, 395 and 412 of the Indian Penal Code for alleged looting of an informant's house. He contended that the FIR originally named unknown miscreants and his name only appeared later in the case diary, with no material recovered from him and no prior criminal record. The State opposed bail, arguing the case dates back to 2005 and the petitioner surrendered belatedly. The Court noted that similarly situated co‑accused had been granted bail in earlier decisions and considered the petitioner's lack of antecedents and prolonged custody since 5 January 2026. Consequently, the Court ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties and stipulated conditions of cooperation and presence in court.
Issues considered
- Whether the petitioner is entitled to regular bail despite the delay in surrender and the age of the case.
- Whether the petitioner’s alleged involvement, as recorded in the case diary, warrants continued detention.
- Whether the petitioner’s lack of criminal antecedents and the precedent of bail to co‑accused justify granting bail.
Legislation cited
- Indian Penal Code — s. 380, 395, 412, 457
Subjects
- regular bail
- Indian Penal Code
- theft
- robbery
- judicial custody
- bail jurisprudence
- delay in surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26883 of 2026
Arising Out of PS. Case No.-83 Year-2005 Thana- CHANDAN District- Banka
======================================================
Madaran Mian @ Md. Madaran Ansari, Son of Late Hadish Mian, Resident of
Village- Kanodi, P.S.- Chandan (Anandpur), District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 457 and
380 and subsequently cognizance has been taken under Sections
395, 412 of I.P.C.
3. The case of the prosecution, in short is that
unknown miscreants have entered in the house of the informant
and looted the valuables.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned cousnel for the
petitioner has submitted that the F.I.R. was lodged against
unknown miscreants. During course of investigation, the name
Patna High Court CR. MISC. No.26883 of 2026(2) dt.23-04-2026
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of this petitioner has surfaced. It has further been submitted that
the learned trial Court has recorded that the name of this
petitioner has surfaced in para 16 of the case diary during
investigation by the police. It has further been submitted that
nothing has been recovered from his possession. It has further
been submitted that similarly situated co-accused persons have
been granted bail by learned co-ordinate Benches of this Court
vide Cr. Misc. Nos. 16886 of 2006, 21686 of 2006, 35915 of
2006 and 31143 of 2006. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
05.01.2026
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that this is a case of the year 2005 and the petitioner
has appeared/surrendered at such a belated stage.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Chandan (Anandpur) P.S. Case No. 83 of 2005 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Banaka with the following conditions:-
Patna High Court CR. MISC. No.26883 of 2026(2) dt.23-04-2026
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(i) The petitioner shall cooperate in the trial and
shall remain physically present on each and every date in
the learned trial Court.
(ii) One of the bailors shall be near relative of the
petitioner.
(Ashok Kumar Pandey, J)
lata/-
U T
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