Patna High Court
Sanjay ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail, finding that the three‑year pre‑trial detention without substantive investigation violated the petitioner’s right to a speedy trial.
Summary
The petitioner, Sanjay Chaudhary, was arrested in connection with a murder case (Sections 302 and 34 IPC) and has been in custody since 7 April 2022. He alleged that the informant who lodged the FIR was not an eye‑witness and that the complaint was motivated by a family property dispute, as the victim was his wife and a coparcener. The petitioner argued that no witnesses had been examined and the trial had made no progress for three years, violating his right to a speedy trial under Article 21 of the Constitution. The State could not refute the length of pre‑trial detention. The court held that the prolonged custody without substantive investigation amounted to a prima facie violation of the petitioner’s fundamental rights and ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the BNSS. The bail order was directed to be complied with by the concerned Sessions Court.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences (IPC Sections 302, 34).
- Whether the prolonged pre‑trial detention without trial progress violates the right to speedy trial under Article 21.
- Whether the informant’s lack of eye‑witness status and alleged motive affect the merit of the bail application.
Legislation cited
- Bihar Negotiable Instruments Act — s. 480(3)
- Constitution of India — s. Article 21
- Indian Penal Code — s. 302, 34
Subjects
- bail
- speedy trial
- Article 21
- murder
- IPC 302
- IPC 34
- pre‑trial detention
- property dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71134 of 2025
Arising Out of PS. Case No.-98 Year-2022 Thana- GURUA District- Gaya
======================================================
Sanjay Chaudhary Son of Late Santan Chaudhary R/o Village - Nababchak,
P.S. - Gurua, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prithivi Raj Singh, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 05-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Gurua P.S. Case No. 98 of 2022 registered for the
offence under Sections 302, 34 of the I.P.C.
3. The petitioner is named in the F.I.R. and is in
custody since 07.04.2022.
4. The allegation against the petitioner is to
commit murder of sister of the informant who is none but
the wife of the petitioner on intervening night of
05.04.2022.
5. Learned counsel appearing on behalf of the
petitioner submitted that informant is not the eye witness
of the occurrence and merely on the basis of suspicion the
Patna High Court CR. MISC. No.71134 of 2025(2) dt.05-02-2026
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present false case was lodged due to paternal property
dispute where the wife of this petitioner is also one of the
coparcener. While concluding the argument, it is
submitted that petitioner remains in custody for about 3
years i.e., since 07.04.2022 with almost no progress in
trial as not even a single witness has been examined in
this case.
6. Learned APP while opposing the prayer of
bail could not disputed the aforesaid custody period.
7. In view of aforesaid factual submission and by
taking note of fact as informant is not the eye witness of
the occurrence, coupled with fact that petitioner remains
in custody for about 3 years i.e., 07.04.2022 with almost
no progress in trial suggesting prima-facie violation of
fundamental right of petitioner qua speedy trial as
available under article 21 of the Constitution of India,
accordingly petitioner above named, is directed to be
released on bail in connection with Gurua P.S. Case No.
98 of 2022 on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.71134 of 2025(2) dt.05-02-2026
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(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned District and
Addl. Sessions Judge 1st Sherghati, Gaya/concerned
court, subject to the conditions as mentioned under
Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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