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Patna High Court

Amarjeet SadaversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied as the petitioner’s delay and the seriousness of the offences warranted continued custody.

Summary

Amarjeet Sada was arrested on 9 December 2023 in connection with a P.S. case involving alleged rape and sexual offences against a child, punishable under Section 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. He has been in custody for over two years and has filed multiple bail applications, all of which were rejected by the court in September 2024 and May 2025. The petitioner argued that the trial had not progressed and that he was ready to cooperate, while the State contended that the petitioner himself caused delays by not cross‑examining material witnesses. The court noted that key witnesses had not been examined and that the petitioner’s inaction amounted to laches, thereby impeding the trial. Consequently, the court refused the bail petition and ordered the trial court to expedite the proceedings. The decision underscores the court’s emphasis on the seriousness of the offences and the need for a speedy trial.

Issues considered

  • Whether bail should be granted to the accused in a case involving offences under IPC Section 376 and POCSO Act Sections 4 and 6, considering the alleged delay and laches by the petitioner.

Legislation cited

Subjects

  • bail
  • sexual assault
  • rape
  • POCSO
  • IPC
  • laches
  • trial delay
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7866 of 2026
                      Arising Out of PS. Case No.-536 Year-2023 Thana- BIRAUL District- Darbhanga
                 ======================================================
                 Amarjeet Sada S/O Malvar Sada @ Malwar Sada R/O Village- Bhawanipur,
                 P.S - Biraul, District - Darbhanga, Bihar.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kari Sada S/O Siyaram Sada R/O Vilage- Bhawanipur, P.S- Biraul, Distt.-
                 Darbhanga (Bihar).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   18-03-2026                   Heard Mr.Rajesh Kumar Singh, learned counsel for

                   the petitioner and Mr.Jitendra Kumar Singh, learned A.P.P. for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   09.12.2023 in connection with Biraul P.S. Case No. 536 of

                   2023(Session Case No.POCSO G.R.11 of 2024), F.I.R. dated

                   04.11.2023 registered for the offence punishable under Sections

                   376 of the Indian Penal Code and Sections 4,6 of POCSO Act.

                                3. Earlier the prayer for bail of the petitioner was

                   twice rejected vide orders dated 18.09.2024 and 09.05.2025

                   passed in Cr. Misc. Nos. 41404 of 2024 and 27944 of 2025

                   respectively.
Patna High Court CR. MISC. No.7866 of 2026(2) dt.18-03-2026
                                            2/3




                       4. Learned counsel appearing for the petitioner

          submits that the petitioner is in custody since 09.12.2023 and

          the trial is not in progress.

                       5. Learned APP for the State on the other hand has

          vehemently opposed the prayer for bail of the petitioner and has

          drawn the attention in the impugned order which is reproduced

          hereinbelow:-

                                  “In this case, during trial 4 PW's examined.

                                  PW2 was examined but none appeared for

                                  cross-examination, on behalf of accused.

                                  PW3 is Informant and PW4 victim examined,

                                  she supported the case of prosecution. The

                                  material witness PW3 was recalled but not

                                  examined yet. Hence, there is delay on part

                                  of petitioner to cross-examine the witness.

                                  The petitioner himself, delaying the trial by

                                  not cross-examining the witness.”

                       6. The material available in the impugned order, as

          noted above, which suggests that due to laches on the part of the

          petitioner, the trial has not been concluded as yet.

                       7. Considering the aforesaid facts, I am not inclined to

          enlarge the petitioner on bail in connection with Biraul P.S. Case
               Patna High Court CR. MISC. No.7866 of 2026(2) dt.18-03-2026
                                                           3/3




                         No. 536 of 2023(Session Case No.POCSO G.R.11 of 2024),

                         pending in the court of learned Exclusive Special Judge

                         (POCSO Act), Darbhanga.

                                      8. Prayer is refused.

                                      9. However, the learned Trial Court is directed to

                         expedite the trial and conclude the same at the earliest.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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