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Patna High Court

Indradev SadayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Indradev Saday, sought anticipatory bail fearing arrest in a kidnapping and assault case (G.R. No.56/2025) registered under several sections of the B.N.S. The prosecution alleged that the petitioner, with his father’s assistance, abducted the informant’s daughter and assaulted the informant when asked to return the child. The petitioner contended his innocence, highlighted his clean antecedents, and noted that his relative, the main accused Kaushal Saday, had already been granted regular bail. The State opposed the anticipatory bail application. After considering the submissions, the Court allowed the anticipatory bail, directing the petitioner to surrender within four weeks and execute a bail bond with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the kidnapping and assault allegations.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • assault
  • Criminal Procedure Code
  • B.N.S.
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68904 of 2025
                       Arising Out of PS. Case No.-36 Year-2025 Thana- BHEJA District- Madhubani
                 ======================================================
                 Indradev Saday S/o Kari Sadar R/o Village- Daldal, P.S.- Bheja, District-
                 Madhubani

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Ms. X W/o Arun Saday R/o Village- Daldal, P.S.- Bheja, District-
                 Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ratnakar Jha, Advocate
                 For the Opposite Party/s :       Mr.Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   23-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with G.R. No. 56/2025 arising out of Bheja P.S.

                   Case No. 36 of 2025 registered for the offence under Sections

                   137(2), 96, 352, 351(2), 3(5) of the B.N.S.

                                   3. As per the prosecution case, on 14.03.2025 at

                   about 07:00 PM, the daughter of informant went outside to

                   attend the call of nature, however when she did not return, the

                   informant started searching for her but failed to trace her. The

                   informant received information from the villagers that one

                   Kaushal Saday (petitioner) with the help of his father and
Patna High Court CR. MISC. No.68904 of 2025(4) dt.23-02-2026
                                            2/3




          mother kidnapped her daughter and fled away. When the

          informant asked the father of the petitioner to return her

          daughter, he abused and assaulted her.

                          4. It has been submitted by the learned counsel for

          the petitioner that the petitioner is innocent and he has falsely

          been implicated in this case. It is next submitted that petitioner

          is the relative of the main accused namely, Kaushal Saday who

          has been granted regular bail by a co-ordinate Bench of this

          Court vide order dated 01.09.2025 passed in Cr. Misc. No.

          59786/2025. Petitioner has clean antecedent.

                           5. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner.

                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Sessions

          Judge-VII -cum-Special Judge, POCSO, Madhubani/ concerned

          Court below in connection with Bheja P.S. Case No. 36 of 2025,

          subject to the conditions laid down in Section 438(2) of the
              Patna High Court CR. MISC. No.68904 of 2025(4) dt.23-02-2026
                                                          3/3




                        Code of Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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