Patna High Court
Ram Sagar Sada @ Sagar SadaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJEEV RANJAN PRASAD
Holding
The court granted pre‑arrest bail on condition of surrender within four weeks, posting a bail bond, and verification of criminal antecedents.
Summary
Ram Sagar Sada petitioned for pre‑arrest bail in a case (PS Kusheshwar Asthan Case No. 216 of 2022) involving alleged encroachment and violent assembly, with charges under multiple IPC sections. The prosecution alleged that the petitioner was among 50‑60 persons constructing thatched houses on disputed land, but no specific role was assigned to him. The petitioner claimed false implication and highlighted that he had not been declared an absconder. The court noted the lack of specific incriminating evidence against him and the fact that three co‑accused had previously been granted similar bail. Accordingly, the court ordered that the petitioner may be released on bail upon surrender within four weeks, posting a bond of Rs 25,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and verification of his criminal antecedents.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner despite the serious charges and his criminal antecedents.
- Whether the petitioner’s alleged involvement in the alleged encroachment warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 109, 120B, 147, 148, 149, 188, 353, 384, 504, 506
Subjects
- pre‑arrest bail
- encroachment
- land dispute
- Indian Penal Code
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal antecedent
- Mahadalits
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55868 of 2024
Arising Out of PS. Case No.-216 Year-2022 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Ram Sagar Sada @ Sagar Sada, S/O Late Kari Sada, Resident Of Village
Kewatgawan, Police Station Kusheshwar Asthan, District Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner, in the present case, is seeking pre-
arrest bail in connection with Kusheshwar Asthan P.S. Case
No.216 of 2022 registered for the offences punishable under
Sections 147, 148, 149, 188, 109, 353, 384, 504, 506 and 120(B)
of the Indian Penal Code. The petitioner has got two criminal
antecedents as stated in paragraph ‘3’ of the application.
3. As per the prosecution story, on the written
information of one Praween Kumar Singh regarding apprehension
of encroachment over his personal land by Mahadalits, a police
officer was conducting the inquiry and in the meantime on
12.06.2022 a Chowkidar, deputed at the disputed land, informed
about ongoing construction of thatched houses by Mahadalits over
Patna High Court CR. MISC. No.55868 of 2024(3) dt.26-02-2026
2/3
the disputed land on which informant, a police officer, along with
other police personnel reached there and witnessed 50-60 thatched
houses got constructed by FIR named 34 accused persons
including this petitioner along with 50-60 unknown persons and on
being objected they refused to provide any valid papers in respect
of the land.
4. Learned counsel for the petitioner submits that the
petitioner is not involved in encroachment over the said land and
he has been falsely implicated in this case.
5. Learned A.P.P. for the State has opposed the prayer
for pre-arrest bail of the petitioner.
6. Having regard to the submissions that there are
general allegations against the petitioner of being one of those 50-
60 persons who had allegedly assembled at the place of occurrence
with arms in order to take possession of the land in question,
however, no specific role has been assigned to this petitioner and
the petitioner has yet not been declared absconder by the learned
court below, an assertion which has not been controverted by the
learned counsel for the State and then three of the co-accused have
been granted identical privilege by this Court in Cr.Misc.
No.66720 of 2022, this Court directs that in case of his
arrest/surrender within a period of four weeks from today, let the
petitioner above-named be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.55868 of 2024(3) dt.26-02-2026
3/3
bond of Rs. 25,000/- (twenty five thousand) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate-1st Class, Biraul at Darbhanga in connection with
Kusheshwar Asthan P.S. Case No. 216 of 2022, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and further condition that the
petitioner has not been declared absconder in the court below and
he will present himself before the I.O. of the case within four
weeks from today and shall assist him in the investigation of the
case.
7. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajeev Ranjan Prasad, J)
arvind/-
U T
Checking your session…