Sajan Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82933 of 2025 Arising Out of PS. Case No.-115 Year-2025 Thana- BIRAUL District- Darbhanga ====================================================== Sajan Sada, S/O Late Asharfi Sada, R/o village- Taraso, P.s.- Kuseshwar Asthan, Dist.- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gangiya Devi, W/O Radhey Shyam Mukhiya, R/O Vill.- Godam Tol, P.O.- Jayantipur Nauari, P.S.- Biraul, Dist.- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidyanath Prasad, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Biraul P.S. Case No.115 of 2025 registered for the offence punishable under Sections 137, 96 and 3(5) of B.N.S.

3. The case of the prosecution, in short, is that the minor daughter of the informant was kidnapped by the petitioner and others.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. During course of investigation, the victim was recovered

Patna High Court CR. MISC. No.82933 of 2025(4) dt.10-02-2026 2/3 and she has given her statement under Sections 180 and 183 of the B.N.S.S. She has stated in her statement under Section 180 of the B.N.S.S. that Rambabu Mukhiya and this petitioner took her forcefully on bike and took her to Delhi by train. She has categorically stated that Sajan Sada, the petitioner alighted at Samastipur itself. In her statement under Section 183 of the B.N.S.S., she has stated that Rambabu has taken away on bike. They boarded in a train and the petitioner was also with Rambabu. The victim went to Adarsh Nagar with Ramababu Mukhiya whereas Sajan Sada, the petitioner went anywhere else. Learned counsel for the petitioner has further submitted that the main thrust of allegation is against Rambabu Mukhiya who is already in custody. Only role attributed to the petitioner is that he has boarded her in the train and after train he has not followed her. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 06.06.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.82933 of 2025(4) dt.10-02-2026 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO Act), Darbhanga in connection with Biraul P.S. Case No. 115 of 2025.

(Ashok Kumar Pandey, J) lata/- U T