Kishundeo Sada Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Kishundeo Sada Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: in the event of arrest/surrender within eight weeks, the petitioners to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-5th-cum-Special Judge, POCSO Act, Supaul, subject to conditions under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioners, who apprehend arrest in Partapganj P.S. Case No. 39 of 2026 for offences under Sections 96 and 3(5) of the B.N.S., are entitled to anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the statement of the victim recorded under Sections 180 and 183 of the B.N.S.S., and the clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

Ratio / Principle

In the event of arrest or surrender within a period of eight weeks, the petitioners are to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-5th-cum-Special Judge, POCSO Act, Supaul, in connection with Partapganj P.S. Case No. 39 of 2026.

Key takeaways

The enlargement on bail is subject to the conditions laid down under Section 482(2) of the B.N.S.S.ratio¶28

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J) allowed the anticipatory bail application of four petitioners apprehending arrest in Partapganj P.S. Case No. 39 of 2026, District Supaul, registered for offences under Sections 96 and 3(5) of the B.N.S. (alleged kidnapping of the informant's daughter by all F.I.R.-named accused). During investigation the victim was recovered, and her statement recorded under Sections 180 and 183 of the B.N.S.S. denied the prosecution case, stating she was in love affair with Petitioner No. 3 (Raja Kumar) and had solemnized marriage with him; the petitioners claimed clean antecedents. Bail directed in the event of arrest/surrender within eight weeks on bail-bond of Rs. 10,000/- each with two like sureties before the learned Additional Sessions Judge-5th-cum-Special Judge, POCSO Act, Supaul, subject to conditions under Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43695 of 2026

Arising Out of PS. Case No.-39 Year-2026 Thana- PRATAPGANJ District- Supaul

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

Kishundeo Sada Son of Pusay Sada Resident of village- Parasa Birbal Ward no. 11, Ps- Partapganj, Dist- Supaul

Bahadur Sada Son of Pusay Sada Resident of village- Parasa Birbal Ward no. 11, Ps- Partapganj, Dist- Supaul

Raja Kumar Son of Kushundeo Sada Resident of village- Parasa Birbal Ward no. 11, Ps- Partapganj, Dist- Supaul

Mano Devi Wife of Kishundeo Sada Resident of village- Parasa Birbal Ward no. 11, Ps- Partapganj, Dist- Supaul

... ... Petitioner/s

Versus

The State of Bihar

Pramila Devi Wife of Dipu Sada Resident of village- Parasa Birbal Ward no. 8, Ps- Partapganj, Dist- Supaul

... ... Opposite Party/s

====================================================== Appearance : For the Petitioners : Mr. Ranjay Kumar Singh, Advocate For the State : Mr. Choubey Jawahar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

2 08-07-2026 Heard learned counsel appearing on behalf of the

petitioners and learned APP appearing on behalf of the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 96 and 3(5) of the B.N.S..

As per prosecution case, all the F.I.R. named accused persons, including these petitioners, kidnapped

Patna High Court CR. MISC. No.43695 of 2026(2) dt.08-07-2026 2/3

daughter of informant.

It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. During investigation, the victim was recovered and in her statement recorded under Sections 180 and 183 of the B.N.S.S. she denied the prosecution case and categorically stated that she was in love affair with Petitioner No. 3, namely Raja Kumar, and both of them had solemnized marriage. Petitioners claim clean antecedents.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

Considering the facts and circumstances of the case, statement of the victim recorded under Sections 180 and 183 of the B.N.S.S. and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-5^th -cum-Special Judge, POCSO Act, Supaul in connection

Patna High Court CR. MISC. No.43695 of 2026(2) dt.08-07-2026 3/3

with Partapganj P.S. Case No. 39 of 2026, subject to condition

as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J)

shashank/-

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