Patna High Court Issues Guidelines For Speedy Trial Pursuant To Supreme Court Directions In CBI V Mir Usman

In a circular dated 12 December 2025, the Patna High Court issued administrative directions to all trial courts aimed at ensuring the expeditious conduct of trials.

The circular has been issued in compliance with the Supreme Court's judgment in CBI v Mir Usman. It expressly refers to paragraph 37 of the Supreme Court's order dated 22 September 2025 in SLP (Crl.) No. 969/2025 (Central Bureau of Investigation v. Mir Usman @ Ara @ Mir Usman Ali), wherein the Court directed High Courts to issue appropriate administrative guidelines to subordinate courts.

The Patna High Court circular substantially reproduces the guidelines laid down by the Supreme Court and clarifies that trial courts should not grant adjournments merely for the convenience of advocates, except in exceptional circumstances such as bereavement, duly supported by a memo, and that inconvenience of counsel does not amount to a “special reason”.

It provides that in cases of non-cooperation by the accused or their counsel, courts must assess whether such conduct is intended to delay the trial, and where collusion between the accused and counsel is found, may issue notice for cancellation of bail with reasons recorded in writing. Where the accused is not at fault and the obstruction is attributable solely to counsel, the court may appoint an amicus curiae and proceed with the trial.

The circular also permits courts to impose costs on the accused to compensate witnesses for expenses incurred due to delay, and to cancel bail where the accused remains absent despite the presence of witnesses, subject to limited safeguards where counsel proceeds with examination upon an undertaking regarding the accused's identity.

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