Allowed

Bidyanand Sada @ Vidyanand Sada v. the State of Bihar

Patna HC18 Nov 2021CR. MISC./23569/2021

Case brief

AI extract

What is this about?

This court granted regular bail to the petitioner in connection with POCSO Case No.45 of 2020, subject to furnishing a bail bond of Rs.20,000/- and two sureties, along with specific undertakings to cooperate in the trial and not tamper with evidence.

What did the court decide?

Regular bail granted subject to Rs.20,000 bond, two sureties, and conditions regarding court attendance and non-interference.

Bidyanand Sada @ Vidyanand Sada Vs the State of… — Child Sexual Offences (POCSO) | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23569 of 2021

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Arising Out of PS. Case No.-132 Year-2020 Thana- NAUHATTA District- Saharsa

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======================================================

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Bidyanand Sada @ Vidyanand Sada Son Of Late Feku Sada Resident Of Village - Paruhar, Ward No. 4, P.S. Nauhatta, Dist. - Saharsa.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shardasnand Mishra, Advocate : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 18-11-2021

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitione seeks regular bail in connection with POCSO Case No.45 of 2020 arising out of Nauhatta P.S. Case No. 132 of 2020 registered for the offence under Sections 341, 323, 307, 354(B), 504, 506 and 34 of the IPC and Section 12 of the POCSO Act..

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As per prosecution case, the informant has raised an alarm on which 11 others have assaulted her brother and father who had come to her rescue.

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Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in this case on the basis of suspicion. He further

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Patna High Court CR. MISC. No.23569 of 2021(3) dt.18-11-2021 2/3

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submits that there is general and omnibus allegation against the petitioner. Petitioner has clean antecedent and he is in custody since 25.12.2020. It is further submitted that similarly situated co-accused persons Upendra Sada and Nandan Sada have been granted regular bail by a Co-ordinate Bench of this Court passed in Cr.Misc.No.7885 of 2021 dated 12.08.2021.

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However, learned APP for the State vehementally opposed the prayer for regular bail.

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In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Saharsa in connection with POCSO Case no. 45 of 2020 arising out of Nauhatta P.S. Case No. 132 of 2020 with following conditions:-

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(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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(ii) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move

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Patna High Court CR. MISC. No.23569 of 2021(3) dt.18-11-2021 3/3

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for cancellation of bail.

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(iii) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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(Rajesh Kumar Verma, J)

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brajesh kumar/- U T

Bidyanand Sada @ Vidyanand Sada v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Bidyanand Sada @ Vidyanand Sada v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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