Patna High Court
Pawan SadaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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