Patna High Court
Sadaru MiyanversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Sadaru Miyan, was charged in Sahpur P.S. Case No. 292 of 2022 with offences under sections 341, 323, 307, 302 and 506/34 of the Indian Penal Code, including murder. He had been in custody since 11 August 2022 and the trial court had not examined any witnesses to date, indicating a substantial delay in the trial. The petitioner applied for regular bail, arguing that the prolonged custody and trial delay warranted his release. The High Court noted the lack of progress in the trial and the prejudice to the petitioner’s liberty. Consequently, the Court granted regular bail on the condition of a Rs.10,000 bond with two sureties and required the petitioner to cooperate with the trial and appear on all dates. The Court also directed the Superintendent of Police to ensure witness attendance and report compliance.
Issues considered
- Whether regular bail should be granted to an accused facing serious offences including murder, given the delay in trial and prolonged pre‑trial detention.
Legislation cited
- Indian Penal Code — s. 302, 307, 323, 34, 341, 506
Subjects
- regular bail
- pre‑trial detention
- trial delay
- murder
- IPC sections 341 323 307 302 506/34
- witness production
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41368 of 2025
Arising Out of PS. Case No.-292 Year-2022 Thana- SAHPUR District- Bhojpur
======================================================
Sadaru Miyan S/o Mukhtar Miyan @ Meva MIyan R/o Village- Kundesar,
P.S.- Sahapur, District- Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Akash Kumar Mishra, Advocate
For the State : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 15-10-2025 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in
connection with Sahpur P.S. Case No.292 of 2022 registered for
the offence under sections 341, 323, 307, 302 & 506/34 of the
Indian Penal Code.
3. The petitioner is accused of killing the
deceased. He is in custody since 11.08.2022.
4. Pursuant to the order of this Court, the trial
Court has sent a report regarding the stage of the trial. From the
report, it appears that none of the witnesses have been examined
in the trial till date.
5. Considering the delay in trial and also the
period of custody of the petitioner, this application is allowed.
Patna High Court CR. MISC. No.41368 of 2025(4) dt.15-10-2025
2/2
6. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Additional District & Sessions Judge, X,
Bhojpur at Ara / concerned Court below, in connection with
Sahpur P.S. Case No. 292 of 2022, subject to the condition that
he will cooperate in the trial and will appear personally or
through his lawyer on each and every date fixed in the trial.
7. The Superintendent of Police, Bhojpur is
directed to ensure the presence of the witnesses in the trial on
the dates fixed and file a compliance report to this Court in the
2nd week of January, 2026.
8. List this case in the 2nd week of January,
2026 under the heading “For Orders”.
9. Let a copy of this order be communicated to
the Superintendent of Police, Bhojpur forthwith through FAX
for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…