Patna High Court
Santosh Kumar @ Santosh Patel @ Santosh Shukla @ Karanti KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail.
Summary
Santosh Kumar was arrested in connection with a murder case under Sections 103(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution’s case is based on a confessional statement of Kartik Kumar that implicates the petitioner and a recovered weapon allegedly found in his possession. The petitioner contended that he is innocent, that the confessional statement is the sole piece of incriminating evidence, and that he has been in judicial custody since 20 November 2025. The State opposed bail, highlighting three prior criminal cases and the petitioner’s alleged admission in the confessional statement. After hearing both sides, the Court decided to enlarge bail, directing the petitioner to furnish a bond of Rs.10,000 with two sureties. The order reflects the Court’s view that bail is appropriate despite the serious nature of the allegations.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder under the B.N.S. and Arms Act and alleged involvement through a confessional statement and weapon recovery.
Legislation cited
Subjects
- bail
- criminal procedure
- murder
- Arms Act
- confessional statement
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12258 of 2026
Arising Out of PS. Case No.-469 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Santosh Kumar @ Santosh Patel @ Santosh Shukla @ Karanti Kumar Son of
Rajeshwar Patel @ Rajeshwar Rai @ Rajeshwar Prasad Gupta Resident of
Village - Baijalpur, P.S. - Paroo, Dist. - Muzaffarpur. At present R/o Village -
Dubiyahi(Pokhraira), P.S. - Jainpur, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 18-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 103(1) and
3(5) of the B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
F.I.R. named accused persons have committed murder of the
nephew of the informant.
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. Learned counsel for the petitioner has submitted that the
name of this petitioner has surfaced in this case during
Patna High Court CR. MISC. No.12258 of 2026(4) dt.18-04-2026
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investigation in the confessional statement of Kartik Kumar. The
confessional statement of Kartik Kumar reveals that the
petitioner and he have murdered the deceased Abhimanu on
behest of their friend Aman Kumar. It has also come that the fire
was made by Aman Kumar. It has further been submitted that
the C.D.R. location also goes to show that the tower location of
petitioner was near the place of occurrence. Save and except the
confessional statement, there is nothing against him. It has
further been submitted that one another case was filed for
recovery of the weapon as Paroo P.S. Case No. 514 of 2025. It
is alleged that the weapon of murder was recovered from the
possession of this petitioner. Learned counsel for the petitioner
has submitted that the case of the prosecution is that F.I.R.
named accused persons have killed the deceased whereas during
investigation, entirely different story has cropped up on the
basis of confessional statement. Petitioner is languishing in
judicial custody since 20.11.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail and have submitted that petitioner is having
criminal antecedent of three cases. Learned counsel for the
informant has submitted that the petitioner has also given his
Patna High Court CR. MISC. No.12258 of 2026(4) dt.18-04-2026
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confessional statement and has accepted his involvement and
that the weapon of assault was also recovered from him.
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
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Judicial Magistrate 1st Class (West) Muzaffarpur in connection
with Paroo P.S. Case No. 469 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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