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Patna High Court

Pawan SadaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Petitioner Pawan Sada was arrested in connection with a murder case (P.S. Case No. 47 of 2025) and charged under Sections 103(1), 238, 61(2) and 3(5) of the B.N.S. The prosecution's case relied mainly on a confessional statement made to police, while two key eyewitnesses turned hostile during trial. The petitioner contended that he was falsely implicated, had no prior criminal record, and that the confessional statement was inadmissible. He also pointed to a similar bail order granted to co‑accused Kuldeep Sada in Cr. Misc. No. 72655 of 2025. The State opposed the bail. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioner released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the charge sheet and confessional statement.
  • Whether the confessional statement made to police is admissible and sufficient to deny bail.
  • Whether the turning hostile of key witnesses affects the merit of the prosecution's case.

Legislation cited

  • B.N.S. — s. 103(1), 238, 3(5), 61(2)

Subjects

  • regular bail
  • confessional statement
  • hostile witness
  • murder
  • criminal procedure
  • B.N.S. Section 103
  • B.N.S. Section 238
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26801 of 2026
                        Arising Out of PS. Case No.-47 Year-2025 Thana- Patarghat District- Saharsa
                 ======================================================
                 Pawan Sada S/o Chano Sada R/o vill- Forshaha, Ward no 16, P.S.- Patarghat,
                 Distirct- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Amarnath Jha, Advocate
                 For the Opposite Party/s :         Mr.Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1) and

                   238 of B.N.S. while the charge-sheet has been submitted under

                   Sections 103(1), 238, 61(2) and 3(5) of B.N.S.

                                3. The case of the prosecution, in short is that when

                   the informant was returning home, on the way he was

                   intercepted by some unknown miscreants who brutally

                   murdered him.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   been falsely implicated in this case. Learned counsel for the

                   petitioner has submitted that name of this petitioner has surfaced
Patna High Court CR. MISC. No.26801 of 2026(2) dt.23-04-2026
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          in this case on the basis of suspicion and after that, this

          petitioner has given his confessional statement. Save and except

          the confessional statement, there is nothing against him. It has

          further been submitted that during course of investigation, two

          witnesses, namely, Jagannath Rishideo and Bhukhni Devi have

          stated before the police that the deceased has given a mobile to

          the daughter of Sagar Sada and thereafter in anger, the petitioner

          along with others has killed the deceased. It has further been

          submitted that during course of trial, Bhukni Devi and

          Jagannath Rishideo have been examined as P.W.-1 and P.W.-2

          and they have declared hostile by the prosecution. They have

          not supported the case of the prosecution. It has further been

          submitted that only these two witnesses have imputed motive

          against the petitioner and others which is not substantiated

          during trial. Now, the case of the prosecution is based totally on

          confessional statement before the police which is not

          admissible. It has further been submitted that similarly situated

          co-accused Kuldeep Sada has been granted bail by learned Co-

          ordinate Bench of this Court vide Cr. Misc. No. 72655 of 2025.

          The case of this petitioner stands on similar footing. He is

          having no criminal antecedent and he is languishing in judicial

          custody since 25.04.2026.
             Patna High Court CR. MISC. No.26801 of 2026(2) dt.23-04-2026
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                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Patarghat P.S. Case No. 47 of 2025 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Additional Sessions Judge-IV,

                       Saharsa.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T


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