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Patna High Court

Kuldeep SadaversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the investigation yielded no substantive material against the accused, the FIR was delayed, and the prosecution’s witnesses were hostile, indicating that the petitioners were not likely to flee or tamper with evidence.

Summary

Kuldeep Sada, aged about 73, and his son Sagar Sada were arrested in connection with a murder case registered under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita. The prosecution alleged that the informant was intercepted and brutally murdered by unknown miscreants, and the petitioners' names appeared in a confessional statement of a co‑accused who implicated them. The petitioners argued that the FIR was lodged three days after the incident, there were no eye‑witnesses, and the only material against them was the co‑accused’s statement, while the State highlighted a motive and the presence of a hostile witness. The trial had examined two witnesses who turned hostile, and other witnesses were yet to be examined, indicating that the prosecution’s case was weak. The court held that the lack of substantive evidence, the delayed FIR, and the hostile witnesses warranted the grant of bail, subject to conditions of personal appearance. Consequently, both petitioners were released on bail upon furnishing a bond of Rs. 10,000 with two sureties each.

Issues considered

  • Whether bail should be granted in a murder case under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita given the delay in filing the FIR and lack of substantive evidence.
  • Whether the presence of hostile witnesses and absence of eye‑witnesses affect the likelihood of the accused fleeing or tampering with evidence, justifying bail.

Legislation cited

Subjects

  • bail
  • murder
  • Bharatiya Nyaya Sanhita
  • Section 103
  • Section 238
  • hostile witness
  • FIR delay
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.72655 of 2025
                       Arising Out of PS. Case No.-47 Year-2025 Thana- Patarghat District- Saharsa
                 ======================================================
                 Kuldeep Sada S/O Late Ganpat Sada Resident of village- Forsaha Ward No.
                 16, P.S.- Patarghat, District- Saharsa

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                                                          with
                            CRIMINAL MISCELLANEOUS No. 72828 of 2025
                       Arising Out of PS. Case No.-47 Year-2025 Thana- Patarghat District- Saharsa
                 ======================================================
                 Sagar Sada @ Sagar Kumar S/o Kuldeep Sada Resident of Forsaha, Ward No
                 16, PS- Patarghat, District- Saharsa

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 72655 of 2025)
                 For the Petitioner/s     : Mr. Md. Mumtaz Uddin, Advocate
                 For the Opposite Party/s : Mr. Rana Randhir Singh, APP
                 (In CRIMINAL MISCELLANEOUS No. 72828 of 2025)
                 For the Petitioner/s     : Mr. Md. Mumtaz Uddin, Advocate
                 For the Opposite Party/s : Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   10-02-2026                   As both these bail applications arise out of the same

                   police station case number, hence they are being heard together

                   and disposed of by this common order.

                                  2. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                  3. The petitioners seek bail in a case registered for
Patna High Court CR. MISC. No.72655 of 2025(4) dt.10-02-2026
                                            2/4




          the offence punishable under Sections 103(1) and 238 of the

          Bharatiya Nyaya Sanhita.

                         4. As per the prosecution case, when the informant

          was returning his home on the way, he was intercepted by some

          unknown miscreants, who brutally murdered him.

                         5. The learned counsel for the petitioners submits

          that the First Information Report was lodged after a delay of

          three days and the same had been lodged against unknown

          miscreants of having committed murder of the informant’s

          husband while he was returning home. The name of the

          petitioners, who are father and the son, transpired in the

          confessional statement of co-accused Pawan Sada, who while

          accepting that he has committed murder has took the name of

          other accused persons including the present petitioners and

          their complicity. It is further submitted that the petitioners are

          in custody since 11.06.2025 and petitioner Kuldeep Sada is

          aged about 73years while the petitioner Sagar Sada happens to

          be the son of petitioner Kuldeep Sada. Besides confessional

          statement, no cogent material has transpired against the

          petitioners but for some vague suspicion as there is no eye-

          witness to the case.

                         6. Learned APP for the State opposed the grant of
Patna High Court CR. MISC. No.72655 of 2025(4) dt.10-02-2026
                                            3/4




          bail on the ground that this is a case of brutal murder and

          according to paragraph no.165 of the case diary, a motive has

          been indicated with regard to involvement of these petitioners

          by way of the statement of witness Jagannath Rishideo. In

          response to the same, it has been submitted that the trial has

          commenced in this case and the said witness Jagannath

          Rishideo has been examined as PW-2 and he has not supported

          the case of the prosecution and has been declared hostile. It is

          further submitted that in the trial two witnesses have already

          been declared hostile while there are other witnesses remaining

          to be examined and as such, there is no likelihood of

          conclusion of trial in near future.

                         7. Taking into consideration the facts and

          circumstances and considering that no substantial or cogent

          material seems to have appeared against the petitioners during

          the course of investigation, coupled with the delay in the F.I.R.

          which was lodged against unknown and also taking into

          consideration that in the trial also only two witnesses have been

          examined, who have not supported the case of the prosecution,

          let the above named petitioners, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the
              Patna High Court CR. MISC. No.72655 of 2025(4) dt.10-02-2026
                                                          4/4




                        satisfaction     of    the    learned      Chief     Judicial   Magistrate,

                        Saharsa/concerned Court below in connection with Patarghat

                        P.S. Case No. 47 of 2025 subject to condition that:-

                                (i)   The petitioners shall remain physically present in court
                                on each and every date during trial and in the event of failure
                                on two consecutive dates without sufficient reasons, their bail
                                bonds shall be liable to be cancelled by the learned court
                                concerned.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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