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Patna High Court

Satyam Kumar @ Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.11675 of 2026(3) dt.29-04-2026
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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
Patna High Court CR. MISC. No.11675 of 2026(3) dt.29-04-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.11675 of 2026(3) dt.29-04-2026
                                                        4/4




                      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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