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Patna High Court

Jogindar SadaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted to the petitioners at this stage.

Summary

Jogindar Sada and Manju Sada were arrested in connection with an assault and kidnapping case (PS Alouli Case No.235 of 2025) alleged under Sections 140(3), 140(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution contended that the accused assaulted the informant’s husband with lathi and danda and later kidnapped him, and that the victim’s dead body was recovered based on a confessional statement. The petitioners argued that they were falsely implicated, that only vague, omnibus allegations were made and that no specific overt act was ascribed to them. The High Court, after considering the nature and gravity of the offences and the material on record, refused to grant bail, directing the trial court to expedite the trial and allowing the petitioners to re‑apply for bail after five months if the trial remained pending. The order thus denied bail at this stage while preserving a limited right to seek relief later.

Issues considered

  • Whether bail should be granted to the petitioners accused of offences under Sections 140(3), 140(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the allegations and the material evidence disclosed justify the denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • kidnapping
  • Bharatiya Nyaya Sanhita
  • trial expediting
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75619 of 2025
                       Arising Out of PS. Case No.-235 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
           1.     Jogindar Sada S/o Bhaglu Sada Resident of Village- Ratnaha, P.O and P.S-
                  Alouli, Distt.- Khagaria
           2.    Manju Sada @ Manju Devi W/o Yogindra Sada Resident of Village-
                 Ratnaha, P.O and P.S- Alouli, Distt.- Khagaria

                                                                                   ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Leela Devi W/o Etawari Sada R/o ward no. 2, P.s.- Alouli, Distt.- Khagaria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dhananjay Prasad, Advocate
                 For the Opposite Party/s :        Mr.Md. Shakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Alouli

                   P.S. Case No. 235 of 2025, instituted for the offences under

                   Sections 140(3), 140(4) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3. Prosecution case, in short, is that accused persons

                   named in the F.I.R., including the petitioners, assaulted the

                   informant’s husband by means of lathi and danda and

                   kidnapped him forcefully.

                               4. Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.75619 of 2025(3) dt.02-02-2026
                                            2/3




          the petitioners have falsely been implicated in the present case

          only on suspicion. Learned counsel for the petitioner submits

          that general and omnibus allegation has been made against the

          petitioner. No specific overt act is alleged against the petitioner.

          Charge-sheet has          been submitted in this case. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 06.06.2025 and have no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.           He

          further submitted that the dead body of the victim has been

          recovered from the ditch on the basis of confessional statement

          of petitioners. After investigation I.O of this case submitted

          Charge-sheet under Sections 115(2), 352, 140(1), 103(1),

          238/3(5) of the Bharatiya Nyaya Sanhita, 2023.

                       6. Considering the aforesaid facts and circumstances

          of the case, nature and gravity of offence, this Court is not

          inclined to grant bail to the petitioners at this stage.

                       7. Accordingly, the prayer for grant of bail to the

          petitioners is, hereby, rejected.

                       8. Learned Trial Court is directed to expedite the trial.

                       9. However, liberty is granted to the petitioners to

          renew the prayer for grant of bail before the Trial Court if the
           Patna High Court CR. MISC. No.75619 of 2025(3) dt.02-02-2026
                                                       3/3




                     trial is not concluded within a period of five months from today.

                     If any such application is filed before the learned court below,

                     the court concerned shall consider the same on its own merit

                     without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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