Patna High Court
Biren Sada @ Viren SadaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bond, sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Biren Sada, was named in an FIR alleging assault with a lathi, danda and iron rod that resulted in the death of the informant's brother, invoking IPC sections 341, 323, 325, 302, 504, 506/34. The petitioner claimed he was falsely implicated due to a pre‑existing dispute and highlighted that the post‑mortem report showed no external injuries and the cause of death was undetermined. The State opposed his anticipatory bail, arguing the seriousness of the charges. The court, noting the clean antecedent, the lack of corroborative forensic evidence, and the possibility of false implication, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed that if arrested within eight weeks, the petitioner be released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC.
- Whether the post‑mortem report and lack of external injuries justify granting bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to condition the bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 302, 323, 325, 341, 504, 506/34
Subjects
- anticipatory bail
- false implication
- IPC offences
- post‑mortem report
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8729 of 2026
Arising Out of PS. Case No.-149 Year-2024 Thana- RAGHOPUR District- Supaul
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Biren Sada @ Viren Sada S/o Chandeshwar Sada R/o Village - Sanjay Nagar
Dharahara, Ward No. 2, P.S - Raghopur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Patla Kumari, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 341, 323, 325, 302, 504,
506/34 of the Indian Penal Code.
3. As per F.I.R., five named accused persons,
including this petitioner, assaulted the brother of informant with
lathi, danda and iron rod, causing his death.
4. Learned counsel for the petitioner submits that
petitioner is close-door neighbours and due to pre-existing
dispute between the parties, he has falsely been implicated in
this case. Allegation of assault is general and omnibus. As per
F.I.R., five persons assaulted the deceased but in the post-
mortem report, no external injury was found on the body of the
Patna High Court CR. MISC. No.8729 of 2026(2) dt.11-02-2026
2/2
deceased and as such, post-mortem report falsifies the
allegations made in the F.I.R. Cause of death is yet to be
ascertained. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, post-mortem
report and clean antecedent, this anticipatory bail is allowed and
it is ordered that let the above named petitioner in the event of
his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional District
Judge- 8th, Supaul in connection with S.T. No. 247 of 2024
arising out of Raghopur P. S. Case No. 149 of 2024, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
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