Patna High Court
Santosh DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Santosh Das applied for regular bail in a murder case (Section 103(1) of BNS) where the FIR named unknown assailants. During investigation, Anju Devi, who had an illicit relationship with the deceased, gave a confessional statement that mentioned the petitioner, but no other evidence was found against him. The petitioner has been in judicial custody since 11‑12‑2025 and claims innocence. The State opposed bail, citing two prior criminal convictions. After hearing both sides, the Patna High Court granted regular bail on a bond of Rs.10,000 with two sureties, directing release subject to the satisfaction of the Sessions Judge.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 103(1) of BNS despite a confessional statement implicating him and his prior criminal antecedents
Legislation cited
- BNS — s. 103(1)
Subjects
- bail
- regular bail
- murder
- confessional statement
- criminal antecedents
- judicial custody
- Section 103(1) BNS
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22990 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- CHACKMEHSI District- Samastipur
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Santosh Das Son of Baidhnath Das @ Baidyanath Das @ Baijnath Das
Resident of Village -Dadhiya PS -Chakmehashi Dist -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 103(1) of
BNS
3. The case of the prosecution is that some unknown
accused persons have killed the husband of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the FIR was lodged
against unknown miscreants. During course of investigation,
one Anju Devi with whom, the deceased was having illicit
relationship, has given her confessional statement and the name
of this petitioner has surfaced in her confessional statement.
Patna High Court CR. MISC. No.22990 of 2026(2) dt.08-04-2026
2/2
Save and except confessional statement, there is nothing against
him. Moreover, the petitioner is languishing in judicial custody
since 11.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having two criminal antecedents.
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 released on bail in connection with
Chakmehashi P.S. Case No. 142 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sessions Judge,
Samastipur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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