Sameet Sada @ Sameet Kumar Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54029 of 2025 Arising Out of PS. Case No.-824 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Sameet Sada @ Sameet Kumar Sada S/o Kari Sada @ Kalicharan Sada RESIDENT OF VILLAGE BHELWA WARD NO 3, P.S.- Saharsa, Dist.- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-08-2025
1. Heard learned counsel for the parties.
2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Saharsa Sadar P.S.Case no. 824 of 2024 registered for the offence punishable under sections 191(2), 190, 126(2), 115(2), 118(1), 109, 303(2) of the Bhartiya Nyaya Sanhita, 2023 and secton 3 and 4 of the Prevention of Witch Practices Act, 1999.
3. As per the prosecution case, over a trivial dispute with respect to storing of fire wood, it is stated that ten named accused persons including the petitioner herein came variously armed with lathi, danda, iron rod etc. Abusing the informant that she was a witch, the accused persons started to assault. Specific allegations of assault is levelled on Laxman Sada,
Patna High Court CR. MISC. No.54029 of 2025(2) dt.18-08-2025 2/3 Joharan Sada and Vijay Sada. It is further stated that the petitioner and one another entered in the house of the informant and took away various articles worth around Rs.39,000/.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is a land dispute between the parties. Further referring to the contents of the FIR it is submitted that no specific overt act is levelled against this petitioner. To falsely implicate the petitioner that allegations of theft/loot has been levelled against him. Referring to the order of the learned Court below it is submitted that while no external injury were found on one of the so called injured, the injuries on the other two have been found to be simple in nature and which again are not attributable to this petitioner. The petitioner has no criminal antecedent.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the submissions made, the injuries on the injured having been found to be simple in nature besides not being attributable to this petitioner and specially the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the
Patna High Court CR. MISC. No.54029 of 2025(2) dt.18-08-2025 3/3 event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Saharsa Sadar P.S. Case no.824 of 2024 on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa.
(Partha Sarthy, J) Bibhash U T