Patna High Court
Kuldeep SadaversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nyaya Sanhita — s. 103(1), 238
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
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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
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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
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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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