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Patna High Court

Ram Sagar Sada @ Sagar SadaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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