Patna High Court
Indradev SadayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 137(2), 3(5), 351(2), 352, 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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