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Patna High Court

Sambal Bhagat @ Sambal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond, sureties and conditions of cooperation with the investigation.

Summary

The Patna High Court considered a bail application filed by Sambal Bhagat, a Munshi of a labour contractor, who had been in custody since 26‑10‑2025 in connection with a case registered under Sections 363, 365 and 367 of the Indian Penal Code for the alleged disappearance of labourer Santlal Paswan. The prosecution alleged that Bhagat arranged labourers to travel to Maharashtra and was responsible for Paswan’s disappearance. The petitioner argued that he only escorted the labourers to Muzaffarpur station, after which they left of their own accord, and that Paswan may have travelled without a ticket and has not been found. The informant’s counsel opposed bail, asserting Bhagat’s involvement in the kidnapping. After weighing the period of custody and the lack of concrete material linking Bhagat to the offence, the court granted bail on a bond of Rs.10,000 with two sureties, subject to his cooperation with the investigation and directed police to send a team to Maharashtra if the missing person is found there.

Issues considered

  • Whether bail should be granted to an accused charged under Sections 363, 365 and 367 IPC pending investigation
  • Whether the material on record justifies continued detention of the accused

Legislation cited

Subjects

  • bail
  • kidnapping
  • disappearance
  • Indian Penal Code
  • criminal procedure
  • pre‑trial detention
  • Muzaffarpur
  • Maharashtra

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88228 of 2025
                      Arising Out of PS. Case No.-3 Year-2025 Thana- KUDHNI District- Muzaffarpur
                 ======================================================
                 Sambal Bhagat @ Sambal Kumar Son of Late Jangilal Bhagat Resident of
                 Village- Kermadih, P.S.- Kudhani, District- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kailasiya Devi Wife of Santlal Paswan Resident of Village- Kermadih, P.S.-
                 Kudhani, District- Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Satyendra Kumar Sinha, Advocate
                 For the State           :        Mr.Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   25-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Kudhani P.S. Case No. 3 of 2025 registered for the offence

                   punishable under Sections 363, 365, 367 of the Indian Penal

                   Code.

                                 3. As per the prosecution case, the petitioner who is

                   the Munshi of a labour contractor is said to have arranged

                   labourers for sending them to Maharashtra and the victim

                   Santlal Paswan is missing.

                                 4. It has been alleged that this petitioner and others

                   are responsible for the disappearance of Santlal Paswan.
Patna High Court CR. MISC. No.88228 of 2025(4) dt.25-03-2026
                                            2/3




                       5. Learned counsel for the petitioner submits that the

          petitioner is in custody since 26.10.2025 and it has come during

          investigation that the petitioner had only gone to see off the

          labourers on Muzaffarpur Station and thereafter, they have left

          on their own in a group. Some labourers who had accompanied

          the missing Santlal has said that he was caught travelling

          without ticket but till date, he has not been found.

                       6. Learned counsel for the informant has vehemently

          opposed the case and has submitted that the petitioner is one of

          the persons responsible for the disappearance of Santlal.

                       7. Considering the period of custody and the materials

          available on record, the prayer for bail of the petitioner is

          allowed.

                       8. Let the petitioner, above named, be released on bail

          on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Additional       Chief     Judicial      Magistrate-13th,   Muzaffarpur/

          concerned Court in connection with Kudhani P.S. Case No. 03

          of 2025, subject to the condition that the petitioner will co-

          operate in the investigation.

                       9. The Senior Superintendent of Police, Muzaffarpur

          is directed to send a team to Maharashtra if it is found that the
           Patna High Court CR. MISC. No.88228 of 2025(4) dt.25-03-2026
                                                       3/3




                     missing person had gone to Maharashtra so that his family can

                     have a closure.

                                  10. Let a copy of this order be communicated to the

                     Senior Superintendent Police, Muzaffarpur through FAX or e-

                     mail for its compliance.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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