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Patna High Court

Satyam Yadav @ Satyam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for bail, granting release on bond with conditions.

Summary

The petitioner, Satyam Yadav, was arrested on 13‑02‑2025 in connection with a murder case (FIR dated 03‑12‑2024) alleged under Section 103(1) of the BNS and Section 27 of the Arms Act. The prosecution’s case is based on the testimony of a co‑accused who, in a confessional statement, implicated the petitioner along with others, and the recovery of the petitioner’s mobile phone near the crime scene. The defence argued that the petitioner’s name does not appear in the FIR and that no direct material, other than the co‑accused’s confession, links him to the offence. The State opposed bail, citing the seriousness of the offence, the phone evidence, and the petitioner’s other pending criminal cases. The court, after considering the lack of substantive evidence against the petitioner, granted bail on a bond of Rs 10,000 with two sureties and imposed standard conditions for cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner in a murder case under Section 103(1) BNS and Section 27 Arms Act when the primary evidence is a co‑accused’s confessional statement and phone recovery.
  • Whether the petitioner’s prior criminal cases affect the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 27 Arms Act
  • Section 103(1) BNS
  • confessional statement
  • co‑accused
  • pending criminal cases
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79761 of 2025
                     Arising Out of PS. Case No.-309 Year-2024 Thana- CHAUSA District- Madhepura
                 ======================================================
                 Satyam Yadav @ Satyam Kumar Son of Late- Jay Prakesh Yadav @ Late
                 Prakash Yadav Resident of Village - Dhuria, Kalasan, Ward No. 14, P.S. -
                 Chausa, District - Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pawan Kumar, Advocate
                 For the Opposite Party/s :      Mr.Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   29-01-2026                  Heard Mr.Pawan Kumar, learned counsel for the

                   petitioner and Mr.Dr.Mrityunjaya Kr.Gautam, learned A.P.P. for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   13.02.2025 in connection with Chausa P.S. Case No. 309 of

                   2024, F.I.R. dated 03.12.2024 registered for the offence

                   punishable under Sections 103(1) of BNS and Section 27 of the

                   Arms Act.

                                3. The prosecution case as per written report of

                   informant who is alleging there in that on 02.12.2024 son of

                   informant went to Kamp Balia village with his wife and

                   thereafter son of informant was going to Puraini after left his

                   wife. At about 05-5:30 hours in the evening when the son of
Patna High Court CR. MISC. No.79761 of 2025(5) dt.29-01-2026
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          informant was driving in four-wheeler vehicle at Arajpur

          Jamunia Tola then four persons riding with two motorcycle

          stopped the vehicle of the son of informant and fired thereafter

          son of informant has sustained injury then police and villagers

          reached there and son of informant went to the primary health

          center Chausa with the help of police and villagers, where

          doctor has declared dead.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner is not named in the FIR. The name of

          the petitioner has been transpired during investigation on the

          basis of the confessional statement of co-accused person,

          namely, Sittu Kumar. Learned counsel for the petitioner submits

          that from a bare perusal of the confessional statement of co-

          accused person, namely, Sittu Kumar that it has been transpired

          that co-accused persons, namely, Sittu Kumar and Nitish Kumar

          have fired upon the victim, although the petitioner was present

          at the place of occurrence and except the aforesaid, no other

          cogent material has come during investigation against the

          petitioner to suggest the involvement of the petitioner in the

          present occurrence and the police, after investigation, submitted

          the chargesheet against the petitioner and the petitioner is in

          custody since 13.02.2025.
Patna High Court CR. MISC. No.79761 of 2025(5) dt.29-01-2026
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                       5. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner was involved in the present crime in

          question and apart from the aforesaid, the phone of the

          petitioner was found near the place of occurrence. Further

          submits that the petitioner carries four more cases other than the

          present one but fairly submits that out of four cases, the

          petitioner is on bail in one case and rest three cases are pending

          for consideration before the competent court of law, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned S.D.J.M., Udakishunganj,

          Madhepura in connection with Chausa P.S. Case No. 309 of

          2024, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the
               Patna High Court CR. MISC. No.79761 of 2025(5) dt.29-01-2026
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                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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