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Patna High Court

SATISH KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             2/4




          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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