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Patna High Court

Santosh Kumar @ Santosh Patel @ Santosh Shukla @ Karanti KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
                                                         3/3




                       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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