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Patna High CourtCR. MISC./15854/2025disposed

Pradeep Sada @ Pradip Sada v. The State Of Bihar

2025-05-15Mr. Justice Nawneet Kumar Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15854 of 2025 Arising Out of PS. Case No.-318 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== 1.

Pradeep Sada @ Pradip Sada S/o- Late Julum Sada Village -Turki, P.S.- Baheri, District -Darbhanga 2.

Gulzari Devi W/o- Pradeep Sada Village -Turki, P.S.- Baheri, District -Darbhanga 3.

Pappu Sada S/o- Julum Sada Village -Turki, P.S.- Baheri, District -Darbhanga 4.

Amola Devi W/o- Pappu Sada Village -Turki, P.S.- Baheri, District -Darbhanga ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 13027 of 2025 Arising Out of PS. Case No.-318 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== 1.

Raj Kumar Sada @ Chhotkin Sada S/o- Late Bauon Sada Village- Turki, P.S-Baheri, District- Darbhanga 2.

Ghurni Devi @ Kurni Devi W/o- Raj Kumar Sada village -Turki, P.S.- Baheri District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 15854 of 2025) For the Petitioner/s :

Mr.Kanchan Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 (In CRIMINAL MISCELLANEOUS No. 13027 of 2025) For the Petitioner/s :

Mr.Kanchan Jha For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners as well as

2/4 learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Baheri (Darbhanga) P.S. Case No. 318 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 74, 352, 351(2),3(5) of the BNS and later on section 103(1) of the BNS, 2023 was added.

3. The informant is mother of the deceased. Her son Gopal Kumar had stolen a mobile set of petitioner Pappu Sada due to which, the petitioners namely Pradeep Sada, Pappu Sada, Raj Kumar Sada and the wives of these accused persons badly assaulted her son with lathi, stick, iron rod, fists and slaps. They also assaulted friend of her son namely Punit Lal Dev. Further, in course of treatment, Gopal Kumar died.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Petitioner Raj Kumar Sada is not the family member of Pappu Sada. Even the female members of accused persons have been implicated. Petitioner no. 2 namely Ghurni Devi (in Cr. Misc. 13027 of 2025) is wife of petitioner Raj Kumar Sada (petitioner no. 1 of Cr. Misc. No. 13027 of 2025) and similarly, Gulzari Devi ( petitioner no. 2 of Cr. Misc. No. 15854 of 2025) is wife of Pradeep Sada (petitioner no. 1 of

3/4 Cr. Misc. No. 15854 of 2025).

5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that the accused persons badly assaulted the deceased and as many as 28 injuries were found on the dead body which is corroborated by the postmortem report and some injuries were found grievous in nature.

6. The petitioners are named in the FIR and the injuries found on the dead body shows that before his death, the deceased was brutally assaulted by the petitioners.

7. Considering the aforesaid, the bail application in respect of petitioners namely Pradeep Sada @ Pradip Sada, Pappu Sada (in Cr. Misc. No. 15854 of 2025) and Raj Kumar Sada @ Chhotkin Sada (in Cr. Misc. No. 13027 of 2025) is hereby rejected.

8. So far as the petitioners namely Gulzari Devi, Amola Devi (in Cr. Misc. No. 15854 of 2025) and Ghurni Devi @ Kurni Devi (in Cr. Misc. No. 13027 of 2025) are concerned, they are ladies, having clean antecedent.

9. Considering the above-mentioned facts and circumstances, let the petitioners namely Gulzari Devi, Amola Devi (in Cr. Misc. No. 15854 of 2025) and Ghurni Devi @ Kurni Devi (in Cr. Misc. No. 13027 of 2025) be released on

4/4 bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Darbhanga in connection with Baheri (Darbhanga) P.S. Case No. 318 of 2024, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T