Patna High Court
Jogindar SadaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 140(1), 140(3), 140(4), 238/3(5), 3(5), 352
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
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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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