Patna High Court
Ajay SadaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application is allowed.
Summary
The petitioner, Ajay Sada, feared arrest in a case (Mahishi P.S. No.17 of 2025) alleging offences under the Bihar Narcotic Substances Act and the POCSO Act. The prosecution alleged that a person named Sadhu Sada abducted the informant’s daughter, while the petitioner asserted he was falsely implicated and that the victim’s statement indicated she was married to Sadhu Sada. The petitioner, who has a clean antecedent, applied for anticipatory bail, whereas the State opposed the relief. The court examined the submissions and noted the absence of any specific allegation against the petitioner. Relying on the provisions of Section 438(2) of the CrPC and Section 482 of the BNSS, the court allowed the anticipatory bail application. The petitioner was directed to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the absence of any specific allegation against him.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 482, 95, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- anticipatory bail
- POCSO Act
- Criminal Procedure Code
- false implication
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91016 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- MAHISHI District- Saharsa
======================================================
Ajay Sada S/O Late Ghuran Sada R/O Vill.- Sisauha, Ward no. 08, P.S.-
Mahishi, Dist.- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. X S/O Y R/O Vill.- Dumara, P.S.- Nauhatta, Dist.- Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate
For the State : Mr.Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Mahishi P.S. Case No. 17 of 2025 registered for
the offence under Sections 137(2), 96 and 95 of B.N.S. and
Sections 4, 6 of POCSO Act.
3. As per the prosecution case, one Sadhu Sada
had abducted informant's daughter.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that vicitim in
her statement has stated that she had got married to Sadhu Sada.
Petitioner has clean antecedent.
Patna High Court CR. MISC. No.91016 of 2025(2) dt.28-01-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and the fact that there is no allegation against the
petitioner, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned ADJ-VI-
cum- Special Judge (POCSO), Saharsa/ concerned Court below
in connection with Mahishi P.S. Case No. 17 of 2025, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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