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Patna High Court

Surjeet Sada @ Surjeet Kumar Sada @ HanthkattaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail and is ordered to be released on a bail bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Surjeet Sada, was charged under multiple sections of the Bihar Penal Code for the alleged murder and beheading of an informant's son. The prosecution alleged that Sada, along with others, participated in the killing, while the petitioner claimed innocence, citing a confessional statement that placed the primary blame on another accused, Raj Kumar Sada, and noting the absence of eyewitnesses. The petitioner had been in judicial custody since July 2025 and sought bail, arguing that similar co‑accused had already been released on bail. The State opposed bail, highlighting the petitioner’s prior criminal antecedent. After considering the evidence, the court found insufficient grounds to deny bail and ordered the petitioner’s release on a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences charged
  • Whether the confessional statement and lack of eyewitnesses justify granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • beheading
  • confessional statement
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28209 of 2026
                      Arising Out of PS. Case No.-277 Year-2025 Thana- RAGHOPUR District- Supaul
                 ======================================================
                 Surjeet Sada @ Surjeet Kumar Sada @ Hanthkatta S/O Late Jamadar Sada
                 Resident of village - Koriyapatti, Ward No. 04, Police Station - Raghopur,
                 District - Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun, Advocate.
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sessions Trial No. 435 of 2025/ I.A. No. 01 of 2026 arising

                   out of Raghopur P.S. Case No. 277 of 2025 registered for the

                   offence punishable under Sections 126(2), 127(2), 115(2), 109,

                   140(1), 238 of the BNS.

                                3. The case of the prosecution, in short, is that the son

                   of the informant has gone on his bike. At night when he was

                   contacted, he disclosed that he was at Simrahi and he was going

                   to his grandmother’s house and would return in the morning

                   after performing prayers at Dharhar Mandir. On 14.07.2025, the

                   mobile of the informant’s son (deceased) was switched off.
Patna High Court CR. MISC. No.28209 of 2026(2) dt.19-06-2026
                                            2/3




          After that the informant inquired from his relatives, and then he

          came to know that the petitioner, along with others, had killed

          the son 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. He also submits that in this case, there is no eyewitness to

          the said occurrence. The petitioner has given his confessional

          statement during the investigation. After this, a head was

          recovered from the Tilawe River. He also submits that in the

          confessional statement, this petitioner has stated that all the

          accused persons have assaulted and one Raj Kumar has

          beheaded the son of the informant with the help of a sharp

          cutting weapon. Learned counsel submits that even from the

          confessional statement of the petitioner, the main thrust of the

          allegation is against Raj Kumar Sada. The allegation against the

          petitioner is that he, along with others, has assaulted, whereas

          the beheaded body of the informant’s son was recovered.

          Though from the house of this petitioner, one iron pipe, two live

          cartridges, and a Khanti were recovered but from the perusal of

          the confessional statement of the petitioner, it is clear that the

          informant’s son was beheaded with a sharp cutting weapon by
           Patna High Court CR. MISC. No.28209 of 2026(2) dt.19-06-2026
                                                       3/3




                     Raj Kumar Sada. He further submits that similarly situated co-

                     accused, namely, Pappu Kuma Sada, Santosh Kumar Sada, and

                     Mithilesh Sada, have been granted bail by this Court vide Cr.

                     Misc. Nos. 7691 of 2026 and 7651 of 2026, respectively.

                     Moreover, the petitioner is languishing in judicial custody since

                     16.07.2025

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of one case.

                                  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

                     Additional Chief Judicial Magistrate, Birpur (Supaul) in

                     connection with Sessions Trial No. 435 of 2025/ I.A. No. 01 of

                     2026 arising out of Raghopur P.S. Case No. 277 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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