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Patna High CourtCR. MISC./26161/2025bail rejected

Ashok Sada v. The State Of Bihar

2025-07-29Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26161 of 2025 Arising Out of PS. Case No.-129 Year-2024 Thana- SINDHIYA District- Samastipur ====================================================== Ashok Sada S/O Rajendra Sada @ Late Rajender Sada R/O Village- Gonbara (Gonwara), P.S - Singhiya, District - Samastipur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This application is for grant of regular bail in connection with Singhiya P.S. Case No.129 of 2024, registered for the offences under Sections 103(1), 238, read with Section 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the F.I.R., on 17.07.2024, at about 10.00 hours, the petitioner took away the son of the informant on a motorcycle and did not return home till 8.30 hours. It is alleged that the informant went to the house of the petitioner to look for his son. The petitioner and the informant both started looking for the son of the informant. It is further alleged that on 18.07.2024 at about 6.00 hours they again started searching for the son of the informant and went to chhapki pond where the

Patna High Court CR. MISC. No.26161 of 2025(3) dt.29-07-2025 2/3 dead body of the son of the informant was found lying in ditch. There were injuries on his neck, face and right hand and his tongue was cut, thereupon, the petitioner fled away from the spot. The informant alleged that there was previous dispute between the petitioner and the informant and due to that reason his son has been murdered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in the present case due to previous enmity. He further submits that the petitioner is not named in the FIR. He has been made accused only on the basis of suspicion. The petitioner is in custody since 20.07.2024 and he has no criminal antecedent.

5. Learned APP for the State has opposed the prayer for bail by submitting that it is clear from the FIR itself that the petitioner took away the son of the informant on a motorcycle and after that he went missing. He further submitted that from perusal of the case diary it is apparent that a call was made from the petitioner's number to the deceased's number and the tower location was from the place where the dead body of the deceased was recovered.

6. Considering the aforesaid facts and

Patna High Court CR. MISC. No.26161 of 2025(3) dt.29-07-2025 3/3 circumstances of the case as well as the heinous nature of offence against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Singhiya P.S. Case No.129 of 2024 (S.T. No.33 of 2025), pending in the Court of learned Additional District and Sessions Judge-II, Rosera, Samastipur.

7. This application is rejected and the learned Court below is directed to expedite the trial and conclude the same at the earliest.

(Chandra Prakash Singh, J) shikha/- U T