Patna High Court
SATISH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted regular bail to both petitioners, ordering their release upon furnishing bail bonds and sureties.
Summary
The High Court heard two related bail applications arising from PS Kabaiya murder case No. 327 of 2025, registered under Sections 103(1), 140(3) and 238 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased went missing on 25‑08‑2025 and that CCTV footage showed the petitioners, Satish Kumar and Anup Kumar, riding with the deceased, leading to their arrest and recorded confessional statements implicating themselves and others. The petitioners contended they were falsely implicated, had no prior criminal record, and that the charge‑sheet contained only the confessional statements. The State opposed the bail. After considering the circumstances, the Court ordered that both petitioners be released on regular bail upon furnishing bonds of Rs.10,000 with two sureties each, and allowed the applications.
Issues considered
- The petitioners' entitlement to regular bail despite confessional statements and pending murder charges
- Whether the confessional statements alone suffice to justify continued detention
- Whether the petitioners' clean antecedents and the bail granted to co‑accused affect the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 140(3), 238
Subjects
- regular bail
- confessional statement
- murder
- Bharatiya Nyaya Sanhita
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 2773 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Satish Kumar S/O Jitendra Mandal R/o Pachna Road, Kiul Basti, ward 22,
P.S.- Kabaiya, Distt.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 20114 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Anup Kumar Son of Shailendra Kumar Resident of Village - Kiul Basti,
Pachna Road, Ward No.- 22, P.S.- Kabaiya, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 2773 of 2026)
For the Petitioner/s : Mr.Shaishav Kumar, Advocate
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
(In CRIMINAL MISCELLANEOUS No. 20114 of 2026)
For the Petitioner/s : Mr.Shyamal Prakash, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
4 01-04-2026 Both the cases have been taken up together for
hearing as they arise out of the same P.S. case and are being
disposed of by this common order.
2. Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
3. The petitioners seek regular bail in Kabaiya P.S.
Patna High Court CR. MISC. No. 2773 of 2026(4) dt.01-04-2026
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Case No. 327 of 2025 dated 27-08-2025 registered under
Section 103(1), 140(3) and 238 of the Bharatiya Nyaya Sanhita,
2023.
4. The prosecution case, in brief, is that the son of the
informant left his house on 25.08.2025 at about 10:00 PM and
has not returned home since then. It is further alleged that when
attempts were made to contact him on his mobile phone bearing
number 7632843079, the same was found switched off. The
informant has expressed apprehension that some untoward
incident may have occurred with her son.
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 the First Information
Report (for brevity, ‘F.I.R.’) has been lodged against unknown
persons. During the course of investigation, petitioner Anup
Kumar, in Cr. Misc. No. 20114 of 2026, was arrested on the
basis of CCTV footage and he confessed his guilt and disclosed
the names of other accused persons. Learned counsel further
draws the attention of the Court to paragraph 82 of the case
diary which describes the CCTV footage and reveals that the
person sitting in front on the motorcycle with the deceased is
Anup Kumar, petitioner in Cr. Misc. No. 20114 of 2026, while
Patna High Court CR. MISC. No. 2773 of 2026(4) dt.01-04-2026
3/4
the person sitting at the rear with the deceased is Satish Kumar,
petitioner in Cr. Misc. No. 2773 of 2026. Consequently, both
petitioners were arrested and their confessional statements were
recorded in which they disclosed the names of four other
accused persons and admitted involvement in the murder along
with them. It is next submitted that apart from the confessional
statements, there is nothing else on record to implicate the
petitioners. Learned counsel further submits that other co-
accused persons, namely Raju Kumar and Mohit Kumar @
Mohit Thakur have been granted regular bail by a Co-ordinate
Bench of this Court vide order dated 19.03.2026 passed in Cr.
Misc. Nos. 4636 of 2026 and 1543 of 2026, respectively. Lastly,
it is submitted that petitioner Satish Kumar, in Cr. Misc. No.
2773 of 2026 has been in judicial custody since 08.09.2025 and
has clean antecedents whereas, petitioner Anup Kumar in Cr.
Misc. No. 20114 of 2026 has been in judicial custody since
04.09.2025 and has no criminal antecedents. It is further
submitted that the charge-sheet in this case has already been
submitted.
6. Learned Additional Public Prosecutor for the State
has opposed the prayer.
7. Having considered the facts and circumstances of
Patna High Court CR. MISC. No. 2773 of 2026(4) dt.01-04-2026
4/4
the case and submissions of learned counsel for the parties, let
the petitioners of both the cases be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned C.J.M. Lakhisarai or his successor Court in connection
with Kabaiya P.S. Case No. 327 of 2025.
8. The applications stand allowed.
(Khatim Reza, J)
shyambihari/-
U
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