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Patna High Court

Sajan SadaversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
                                                         3/3




                       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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