Patna High Court
Surjeet Sada @ Surjeet Kumar Sada @ HanthkattaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Penal Code — s. 109, 115(2), 126(2), 127(2), 140(1), 238
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.