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Patna High Court

Sudam Bhuiyan @ Sudama Bhuiyan @ Devkumar ManjhiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the prolonged custody and trial delay warranted the grant of regular bail, even for serious offences, subject to strict conditions.

Summary

The petitioner, Sudam Bhuiyan, was charged under Section 302 of the Indian Penal Code and Section 27 of the Arms Act for a murder that occurred in 2002. He had been in custody since December 2024 and his earlier bail application was rejected. The petitioner’s counsel argued that he was falsely implicated, that most witnesses had turned hostile, and that the key eyewitness had died. The State opposed bail, citing the seriousness of the offences. Considering the length of custodial detention and the delay in trial, the court allowed regular bail with a cash bond and two sureties, subject to regular police attendance and cooperation with the trial. The bail order was conditioned on compliance, with non‑compliance leading to cancellation.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder and an offence under the Arms Act
  • Whether the prolonged period of custody and delay in trial justify granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC 302
  • Arms Act 27
  • trial delay
  • hostile witnesses
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9112 of 2026
                      Arising Out of PS. Case No.-73 Year-2002 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Sudam Bhuiyan @ Sudama Bhuiyan @ Devkumar Manjhi S/O Vishundhari
                 Manjhi @ Jatan Manjhi R/o Village- Rampur Bhui Toli, PS- Mohanpur, Dist-
                 Gaya Ji, at present Residing at Village Larpur (Bhadeji), P.S.-Bodhgaya,
                 Distt.- Gaya

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Gautam, Advocate
                 For the Opposite Party/s :      Mr.Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   25-02-2026                    Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection Barachatti (Mohanpur) P.S. Case

                   No. 73 of 2002 registered for the offence under Sections 302 of

                   Indian Penal Code and Section 27 of Arms Act. Earlier the bail

                   application of the petitioner was rejected vide order dated

                   07.05.2025 passed in Cr. Misc. No. 28723 of 2025.

                                3. As per the prosecution case, petitioner in

                   connivance with other co-accused is accused of killing the

                   deceased. Petitioner is in custody since 18.12.2024 and has no

                   criminal antecedent.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.9112 of 2026(3) dt.25-02-2026
                                            2/3




          Learned counsel further submits that out of 17 only three

          witnesses have been examined and they have turned hostile.

          Learned counsel further submits that the informant of the case

          has died who was the eye-witness. The petitioner undertakes to

          co-operate in the case/ trial.

                       5. Learned APP for the State has opposed the prayer

          for regular bail of the petitioner.

                       6. Considering the period of custody of the petitioner

          and the delay in trial, this application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned District and Additional Sessions

          Judge-III,      Sherghati,      Gayaji/concerned    Court      below   in

          connection with Barachatti (Mohanpur) P.S. Case No. 73/2002

          subject to the following conditions:-

                              (i) The petitioner after being released on bail, is
                      directed to mark his attendance at Bodhgaya Police
                      Station, District- Gayaji on every Sunday of the month.
                      Any default in appearance at the Police Station will result
                      in cancellation of bail bonds of the petitioner.
                              (ii) the petitioner after being released on bail is
                      directed to co-operate in the trial either by appearing
                      personally or through his lawyer in the Trial Court on
                      each and every date fixed by the trial Court. Non-
              Patna High Court CR. MISC. No.9112 of 2026(3) dt.25-02-2026
                                                          3/3




                                    compliance of the condition will result in cancellation of
                                    the bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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