Patna High Court
Sudhir Pandey @ Aditya Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- KHATIM REZA
Holding
The court denied bail to Sudhir Pandey due to specific allegations of repeated knife blows, but granted bail to Aman Sarraf and Chhotu Dubey upon furnishing the prescribed bond.
Summary
The High Court heard three bail petitions arising from the same police case (Shikarpur P.S. Case No. 924 of 2025) involving murder under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the brother of an informant was stabbed to death and that the petitioners were involved, with confessional statements attributing the fatal knife blows to Sudhir Pandey. The petitioners argued that they were falsely implicated and that there was no material linking Aman Sarraf or Chhotu Dubey to the actual assault. The court found a specific allegation against Sudhir Pandey of repeatedly inflicting knife blows and therefore refused bail to him. However, the court held that there was no direct evidence against Aman Sarraf and Chhotu Dubey and, considering their long custody and lack of prior records, granted them bail on a bond of Rs.10,000 with two sureties each. The trial court was directed to complete the trial within one year, and the applications were partly allowed.
Issues considered
- Whether bail should be granted to each petitioner under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the allegations and confessional statements.
- Whether the specific allegation against Sudhir Pandey warrants denial of bail.
- Whether the absence of direct evidence against Aman Sarraf and Chhotu Dubey justifies granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- criminal procedure
- confessional statement
- murder
- Bharatiya Nyaya Sanhita
- trial timeline
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2300 of 2026
Arising Out of PS. Case No.-924 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Aman Sarraf @ Aman Soni S/o Amarnath Sah R/o Village - Block Road
Barwa, Police station - Shikarpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2678 of 2026
Arising Out of PS. Case No.-924 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Chhotu Dubey @ Kamleshwar Kumar @ Chhotu dube Son of Late Bhola
Dubey R/O Hardiya Chowk, Ward No.- 20, P.S.- Shikarpur, District - West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 12915 of 2026
Arising Out of PS. Case No.-924 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Sudhir Pandey @ Aditya Kumar Pandey S/o Late Anil Pandey R/o Village-
Pandey Tola, Narkatiyaganj, P.S- Shikarpur, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 2300 of 2026)
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
Mr.Brij Kishor Mishra ,Advocate
Mr. Sachida Nand Rai, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
For the Informant : Mr. Rishabh Mishra, Advocate
Mr. Shameem Akram, Advocate
(In CRIMINAL MISCELLANEOUS No. 2678 of 2026)
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
Patna High Court CR. MISC. No.2300 of 2026(3) dt.19-03-2026
2/6
For the Informant : Mr. Rishabh Mishra, Advocate
Mr. Shameem Akram, Advocate
(In CRIMINAL MISCELLANEOUS No. 12915 of 2026)
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
For the Informant : Mr. Rishabh Mishra, Advocate
Mr. Shameem Akram, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 19-03-2026 Since all three bail petitions arise out of the same
police station case, they were heard together and are being
disposed of by this court.
2. Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
3. The petitioners seek regular bail in connection with
Shikarpur P.S. Case No. 924 of 2025 dated 19.09.2025,
registered under Sections 103(1), 238 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
4. As per the prosecution case, the brother of the
informant was stabbed to death and on inquiry, the informant
came to know that the petitioners and other co-accused persons
were involved in the commission of the offence.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It is further submitted that so far as petitioner
Sudhir Pandey @ Aditya Kumar Pandey in Cr. Misc. No. 12915
of 2026 is concerned, the prosecution has attributed a specific
Patna High Court CR. MISC. No.2300 of 2026(3) dt.19-03-2026
3/6
allegation against him of having inflicted several knife blows on
the person of the deceased. It is further submitted that during the
course of investigation, the police recorded the confessional
statements of co-accused persons, including Sudhir Pandey @
Aditya Kumar Pandey and Chhotu Dubey @ Kamleshwar
Kumar @ Chhotu Dube in Cr. Misc. No. 2678 of 2026 and from
the confessional statement of Sudhir Pandey @ Aditya Kumar
Pandey, as recorded in paragraph no. 129 of the case diary, it
transpires that an altercation took place between him and the
deceased over their respective wives, which resulted in a scuffle
during which he stabbed the deceased. The said statement is
also stated to have led to the recovery of the knife used in the
commission of the offence. Thus, the materials on record prima
facie disclose a specific role in the assault attributable to Sudhir
Pandey @ Aditya Kumar Pandey. However, learned counsel
draws the attention of this Court to paragraph no. 105 of the
case diary, wherein the confessional statement of petitioner
Chhotu Dubey @ Kamleshwar Kumar @ Chhotu Dube in Cr.
Misc. No. 2678 of 2026 has been recorded. In the said
statement, the entire act of inflicting knife blows has been
attributed only to co-accused Sudhir Pandey @ Aditya Kumar
Pandey and it is stated that the deceased succumbed to the
Patna High Court CR. MISC. No.2300 of 2026(3) dt.19-03-2026
4/6
injuries caused by him. It is further submitted that there is no
material whatsoever in the case diary to indicate that petitioners
Aman Sarraf @ Aman Soni in Cr. Misc. No. 2300 of 2026 or
Chhotu Dubey @ Kamleshwar Kumar @ Chhotu Dube inflicted
any knife blow on the person of the deceased. It is further
submitted that even the confessional statement of Sudhir Pandey
@ Aditya Kumar Pandey does not attribute any overt act of
assault, particularly by use of a knife, to the petitioners Aman
Sarraf @ Aman Soni and Chhotu Dubey @ Kamleshwar Kumar
@ Chhotu Dube. At best, they are implicated merely by their
presence, with no specific role in the fatal assault. Lastly, it is
submitted that the petitioners have remained in judicial custody
for a long period. Petitioner Aman Sarraf @ Aman Soni has
been in custody since 21.09.2025 and has no criminal
antecedents. Petitioner Chhotu Dubey @ Kamleshwar kumar @
Chhotu Dube has been in custody since 23.09.2025 and has only
one criminal case pending against him, in which he is already on
bail. Petitioner Sudhir Pandey @ Aditya Kumar Pandey has
been in custody since 08.10.2025 and has four criminal cases
pending against him. However, he is on bail in all those cases.
6. On the other hand, learned counsel for the
informant as well as the learned Additional Public Prosecutor
Patna High Court CR. MISC. No.2300 of 2026(3) dt.19-03-2026
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for the State have vehemently opposed the prayer for bail. It is
submitted that there is a specific allegation against petitioner
Sudhir Pandey @ Aditya Kumar Pandey in Cr. Misc. No. 12915
of 2026 that he repeatedly inflicted knife blows on the person
of the deceased, leading to his death.
7. Since there is a specific allegation against
petitioner Sudhir Pandey @ Aditya Kumar Pandey in Cr. Misc.
No. 12915 of 2025 of inflicting repeated knife blows on the
person of the deceased, this Court is not inclined to grant him
bail. Accordingly, his prayer for bail is rejected.
8. However, the learned Trial Court is directed to take
all endeavour to conclude the trial positively within a period of
one year from the date of receipt/production of a copy of this
order.
9. Having considered the facts and circumstances of
the case as well as the submissions advanced on behalf of the
parties, let the petitioners, namely Aman Sarraf @ Aman Soni in
Cr. Misc. No. 2300 of 2026 and Chhotu Dubey @ Kamleshwar
Kumar @ Chhotu Dube in Cr. Misc. No. 2678 of 2026, be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned ACJM-VI, Bettiah, District West
Patna High Court CR. MISC. No.2300 of 2026(3) dt.19-03-2026
6/6
Champaran, in connection with Shikarpur P.S. Case No. 924 of
2025.
10. The applications are partly allowed.
(Khatim Reza, J)
shyambihari/-
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