Patna High Court
Sajan SadaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Sajan Sada, sought bail in a kidnapping case (Biraul P.S. Case No.115 of 2025) alleged under Sections 137, 96 and 3(5) of the B.N.S. The prosecution alleged that the petitioner, along with others, abducted the minor daughter of an informant and took her to Delhi. The victim’s statements under Sections 180 and 183 of the B.N.S.S. identified the petitioner only as having boarded the train with the accused, but not as the one who continued the abduction. The petitioner argued that he was falsely implicated, had no criminal antecedent, and had been in custody since 06‑06‑2025. The State opposed bail, but the court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the Special Judge (POCSO Act).
Issues considered
- Whether the petitioner is entitled to bail despite allegations of kidnapping under Sections 137, 96 and 3(5) of the B.N.S.
- Whether the victim’s statements sufficiently implicate the petitioner to deny bail
- Whether the petitioner poses a flight risk or threat to the investigation
Legislation cited
Subjects
- bail
- kidnapping
- minor
- Sections 137, 96, 3(5) B.N.S.
- Sections 180, 183 B.N.S.S.
- POCSO Act
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82933 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Sajan Sada, S/O Late Asharfi Sada, R/o village- Taraso, P.s.- Kuseshwar
Asthan, Dist.- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gangiya Devi, W/O Radhey Shyam Mukhiya, R/O Vill.- Godam Tol, P.O.-
Jayantipur Nauari, P.S.- Biraul, Dist.- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Biraul P.S. Case No.115 of 2025 registered for the offence
punishable under Sections 137, 96 and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that the
minor daughter of the informant was kidnapped by the
petitioner and others.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. During course of investigation, the victim was recovered
Patna High Court CR. MISC. No.82933 of 2025(4) dt.10-02-2026
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and she has given her statement under Sections 180 and 183 of
the B.N.S.S. She has stated in her statement under Section 180
of the B.N.S.S. that Rambabu Mukhiya and this petitioner took
her forcefully on bike and took her to Delhi by train. She has
categorically stated that Sajan Sada, the petitioner alighted at
Samastipur itself. In her statement under Section 183 of the
B.N.S.S., she has stated that Rambabu has taken away on bike.
They boarded in a train and the petitioner was also with
Rambabu. The victim went to Adarsh Nagar with Ramababu
Mukhiya whereas Sajan Sada, the petitioner went anywhere
else. Learned counsel for the petitioner has further submitted
that the main thrust of allegation is against Rambabu Mukhiya
who is already in custody. Only role attributed to the petitioner
is that he has boarded her in the train and after train he has not
followed her. Petitioner is having no criminal antecedent and he
is languishing in judicial custody since 06.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.82933 of 2025(4) dt.10-02-2026
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge (POCSO Act), Darbhanga in connection with Biraul P.S.
Case No. 115 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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