Patna High Court
Satyam Kumar @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, subject to strict conditions, finding that the prosecution had not established sufficient material to justify continued detention.
Summary
Petitioners Satyam Kumar and Sunny Kumar, who run a coaching institute, were arrested on 17 November 2025 in connection with a murder alleged to have taken place at their institute, where the grandson of an informant was found dead. The FIR, dated 16 November 2025, charges them under Sections 103(1), 238, 61(2) and 3(5) of the Bihar Narcotic Substances Act, 2023, based largely on the informant’s suspicion and statements of other co‑accused. The petitioners contend they have a clean antecedent, deny any involvement, and argue that the FIR is fabricated with no eye‑witness evidence. The prosecution opposes bail, asserting that witnesses placed the petitioners at the scene, but also admits that beyond suspicion no substantive material links them to the crime. The Court, after considering the lack of concrete evidence and the petitioners’ clean record, granted bail on a personal bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to accused persons charged with serious offences under the Bihar Narcotic Substances Act, 2023, when the prosecution’s case rests mainly on suspicion and lacks substantive evidence?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- murder
- section 103(1)
- section 238
- section 61(2)
- section 3(5)
- Bihar Narcotic Substances Act
- suspicion
- charge sheet
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11675 of 2026
Arising Out of PS. Case No.-816 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
1. Satyam Kumar @ Sonu Kumar S/O Subodh Kumar Singh R/O Vill-
Barhatia, P.S. - Vaishali Dist.- Vaishali
2. Sunny Kumar S/O Subodh Kumar Singh R/O Vill- Barhatia, P.S. - Vaishali
Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-04-2026 Heard Mr. Rajesh Kumar, learned counsel for the
petitioners and Mr. Bharat Bhushan, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
17.11.2025 in connection with Vaishali P.S. Case No. 816 of
2025, F.I.R. dated 16.11.2025 for the offences punishable under
Sections 103(1), 238, 61(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, petitioners are
running coaching institute and in the said institute the dead body
of informant's grand son was found and the informant suspects
that these petitioners along with other accused persons have
killed his grandson over a money dispute.
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4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. It appears form
the FIR itself that the informant is not the eye witness of the
alleged occurrence and even no one is the eye witness of the
said occurrence. As per the allegation in the FIR, the informant
alleged that his pattidar who happens to be the co-accused in
the present case along with the petitioners have committed the
present crime in question. He further submits that the petitioners
have no concern at all with the co-accused Vinod Thakur, RAvi
Ranjan Thakur, Mithilesh Thakur and Rajiv Ranjan and they are
pattidar of the informant and informant has made suspicion
against the petitioners and other accused persons and except the
suspicion, nothing has come during investigation which suggest
the involvement of the petitioners in the present occurrence. He
further submits that the police after investigation submitted the
charge sheet against the petitioners. The petitioners are in
custody since 17.11.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
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submits that petitioners are involved in the present crime in
question. He further submits that witnesses have stated that the
petitioners have came in the institute in question which was
recorded in paragraph nos. 78 and 81 of the case diary but fairly
submits that except the suspicion, nothing has come during
investigation which suggest the involvement of the petitioners in
the present occurrence. He further submits that the police after
investigation submitted the charge sheet against the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released 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 J.M. 1st Class, Vaishali at Hajipur in connection with
Vaishali P.S. Case No. 816 of 2025, subject to the following
conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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