Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with conditions of cooperation and regular attendance.
Summary
The petitioner, Saurav Kumar, was arrested in connection with the death of Bhola Mahto, alleged to have been assaulted and later found drowned, under Sections 140(2), 61(2), 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution’s case is based on the informant’s statements, a case diary linking the petitioner’s vehicle to the incident, and a confessional statement by the petitioner, while the post‑mortem report indicates ante‑mortem drowning. The petitioner contended that the FIR was lodged against unknown persons, that the confessional statements do not match the medical evidence, and that he has been in custody since 7 October 2025. The informant opposed bail, highlighting the petitioner’s twenty prior criminal cases and the alleged ownership of the vehicle used in the crime. After hearing both sides, the court considered the seriousness of the charges, the petitioner’s antecedents, and the need for his cooperation in trial. The court decided to grant regular bail, subject to the petitioner’s attendance at trial dates and weekly reporting to Barauni Police Station. Bail was ordered on the condition of a Rs 10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges under the Bharatiya Nyaya Sanhita and a history of twenty prior criminal cases
- Whether the linkage of the petitioner’s vehicle to the alleged crime and the confessional statements justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 140(2), 238, 3(5), 61(2)
Subjects
- regular bail
- criminal antecedents
- murder investigation
- drowning
- vehicle ownership
- confessional statement
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8212 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
Saurav Kumar S/o Mr. Mukesh Singh R/o vill - Bihat, Ward No. 19, P.S.-
F.C.I., Distt. Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Thakur, Advocate
Ms. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the State : Ms. Sangeeta Sharma, APP
For the Informant : Mr. Pritish Kumar Lal, Advocate
Mr. Shahnawaz Khan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 19-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 140(2) of the
Bharatiya Nyaya Sanhita and subsequently Sections 61(2),
103(1), 238 and 3(5) of the BNS.
3. The case of the prosecution, in short, is that the
brother of the informant namely Bhola Mahto has gone to fetch
vegetables with one Guddu Paswan. When Bhola Mahto did not
return for considerable time, then the informant called Guddu,
then Bhola said that send Rupees Five lakh. After this, the
phone was disconnected. The informant asked Guddu Paswan
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and he disclosed that Bhola Mahto boarded in a vehicle at Somt
Point. When the informant called Bhola, he replied that he was
being assaulted. After this the case was filed.
4. Learned counsel for the petitioner submits that
from perusal of the FIR it is clear that the FIR was lodged
against unknown miscreants. During course of investigation, in
Paragraph ‘14’ of the case diary, Sudhir Kumar has stated that
the petitioner along with others have boarded the son of the
informant, namely, Bhola (deceased0 in the Scorpio N whereas
in Paragraph ‘15’, Guddu Paswan has stated that when they
reached Smart Point they started consuming gup-chup and a
black coloured Scorpio N arrived there, two persons came out of
the vehicle and Bhola (deceased) told him that he will come
after some time. After that Guddu called the deceased. The
deceased told him that he is going to Zero mile; Guddu returned
to his home. After some time, Bhola called Guddu and told him
to connect to his father and he disclosed his father that he is
being assaulted and demanded Rupees Five Lakh. Likewise in
Paragraph ‘16’, the mother of the deceased has also named this
petitioner.
5. Learned counsel for the petitioner has further
submitted that in this case, the spy has disclosed that the vehicle
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belong to the petitioner. Learned counsel for the petitioner has
further submitted that from perusal of the post-mortem report it
will transpire that the cause of death is opined to be due to ante-
mortem drowning. It has further been submitted that during
course of investigation police has extracted confessional
statement of various accused persons and in their confessional
statements they have stated that they have assaulted and killed
the deceased. Learned counsel for the petitioner has further
submitted that confessional statement regarding murder does not
co-relate with the post-mortem report. Learned counsel for the
petitioner has further submitted that the petitioner in languishing
in judicial custody since 07.10.2025.
6. Countering this, learned counsel for the informant
has vehemently opposed the bail and has submitted that the
petitioner is having 20 criminal antecedents and on earlier
occasion before a learned Co-ordinate Bench, he has concealed
his antecedents and learned counsel for the informant has relied
mainly on the confessional statement of this petitioner wherein
he has confessed his guilt. In Paragraph ‘46’ of the case diary, it
has come one Scorpio without number plate was given in
Tekriwal Motor Private Limited for washing and the person who
has brought the vehicle disclose himself as Abhinav Kumar and
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from the details it has come that the vehicle belongs to the
petitioner.
7. Save and except that the vehicle belongs to the
petitioner and the petitioner is having criminal antecedent of 20
cases, there is nothing against him.
8. 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 with the condition that
the petitioner shall co-operate in the trial and shall be
physically present on each and every date in the trail court
and shall mark his attendance weekly at Barauni P.S.
9. The above named petitioner is directed to be
released on bail in connection with Lohiyanagar P.S. Case No.
93 of 2025 on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Begusarai.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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