Patna High Court
Radhe SadaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Radhe Sada, was charged with assault, theft, and caste-based insults against an informant, her minor daughter and son, under several provisions of the BNS, the SC/ST (Prevention of Atrocities) Act and the POCSO Act. He applied for regular bail, claiming innocence, political victimisation, a delayed FIR, simple injuries, and a clean criminal record, and pointed to the earlier grant of bail to a co‑accused. The State opposed the bail on the seriousness of the offences, including those involving a minor. After considering the submissions and the circumstances, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The order was pronounced by Justice Nawneet Kumar Pandey.
Issues considered
- Whether regular bail can be granted in a case involving offences under the BNS, SC/ST (Prevention of Atrocities) Act and the POCSO Act.
- Whether the delay in filing the FIR and the alleged political motive justify bail.
Legislation cited
Subjects
- regular bail
- assault
- caste-based violence
- SC/ST (Prevention of Atrocities) Act
- POCSO Act
- criminal procedure
- political victimisation
- minor victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73967 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Radhe Sada Son of Molhu Sada Resident Of Village- Benher, PS -Morkahi,
Dist -Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. X Wife of Y Resident Of Village- kodra, PS -Morkahi, Dist -Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jai Kishor Poddar, Adv.
For the State : Mr.Sadanand Paswan, APP
For OP No. 2 : Mr.Krishna Murari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Morkahi P.S. Case No. 50 of 2025 for the offence registered
under Sections 126(2), 115(2), 117(2), 74, 76, 303(2), 352, 3(5)
of the BNS and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) of the
SC/ST (POA) Act and Section 8 of the POCSO Act.
3. According to the allegation, the petitioner along
with other co-accused persons assaulted the informant, her
minor daughter and son by calling their caste names while they
were returning from Durga Puja festival. Co-accused Manu
Kumar Yadav snatched gold chain from the neck of the daughter
Patna High Court CR. MISC. No.73967 of 2025(2) dt.19-01-2026
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of the informant and misbehaved with the informant. The
petitioner snatched Rs. 4,000/- from the informant and also
assaulted with lathi to the son of the informant due to which he
sustained injury on his hand.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case due to village politics. The FIR has been lodged
after lapse of 4 days of the alleged occurrence without any
plausible reason. The injuries to the persons injured are simple
in nature. Learned counsel for the petitioner has further
submitted that chargesheet has already been submitted after
completion of investigation. Petitioner has no criminal
antecedent and he undertakes to cooperate in the trial of the
case. He has also submitted that co-accused Manu Kumar Yadav
@ Mannu Kumar Yadav has been granted regular bail by a
coordinate Bench of this Court vide order dated 15.11.2025 in
Cr. Misc. No. 57746 of 2025.
5. On the other hand, the learned counsel for the OP
No. 2 has opposed the prayer for bail.
6. Considering the submissions on behalf of the
parties and the facts and circumstances of the case, let the
petitioner, named above, be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.73967 of 2025(2) dt.19-01-2026
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bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned concerned court
below / learned Special Judge, POCSO Act, Khagaria in
connection with Morkahi P.S. Case No. 50 of 2025.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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