Patna High Court
Amarjeet SadaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 4, 6
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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