Created by Fuzzy Cloud

Patna High Court

Madaran Mian @ Md. Madaran AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                         3/3




                                    (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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.