Patna High Court
Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Bail was granted to Saurabh Kumar with conditions, while bail was denied to Satish Kumar.
Summary
The High Court considered bail applications filed by two accused, Saurabh Kumar and Satish Kumar, in connection with a murder case (Bakhtiyarpur P.S. Case No. 71 of 2024) involving offences under Sections 302, 201, 120B IPC and Section 27 of the Arms Act. The prosecution’s version alleged that Satish Kumar opened fire on the deceased, while Saurabh Kumar was said to have struck the victim’s head, causing a non‑fatal wound. The court noted that Saurabh Kumar had no prior criminal record, had been in custody since 25‑02‑2024, and the injury described was insufficient to cause death; he also gave an undertaking to appear for trial. In contrast, Satish Kumar had criminal antecedents, the post‑mortem report directly linked his gunshot to the victim’s death, and nine of twelve witnesses had been examined. Accordingly, the court denied bail to Satish Kumar and granted bail to Saurabh Kumar on a Rs.10,000 bond with strict conditions regarding appearance, non‑interference with witnesses, and abstention from further offences.
Issues considered
- Whether bail should be granted to Saurabh Kumar despite the seriousness of the charges and the evidence of his involvement.
- Whether bail should be denied to Satish Kumar on account of the strength of the post‑mortem evidence, his criminal antecedents, and the stage of trial.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 319
- Indian Penal Code — s. 120B, 201, 302
Subjects
- bail
- IPC
- murder
- conspiracy
- arms act
- criminal antecedent
- postmortem report
- trial
- conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88623 of 2025
Arising Out of PS. Case No.-71 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Saurabh Kumar Son of Hakkar Paswan R/o Village - Mohanpur, Ward No.-
10, P.S. - Bakhtiarpur(Balwahat O.P.), District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 10298 of 2026
Arising Out of PS. Case No.-71 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Satish Kumar Son of Uma Sah @ Umesh Sah R/o Village- Dholi Ward No.
06, P.S.- Bangaon, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 88623 of 2025)
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Rupesh Kumar, Advocate
Ms. Laxmi Kumari, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
For the Informant : Mr. Krishna Prasad Singh, Sr. Advocate
(In CRIMINAL MISCELLANEOUS No. 10298 of 2026)
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 11-03-2026 Heard Mr. N.K. Agarwal, learned Senior counsel for
the petitioners in both the cases, Mr. Raj Ballabh Singh, learned
APP in Cr. Misc. No. 10298 of 2026 and Mr. Jitendra Kumar
Singh, learned APP in Cr. Misc. No. 88623 of 2025 beside Mr.
Patna High Court CR. MISC. No.88623 of 2025(3) dt.11-03-2026
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Krishna Prasad Singh, learned Senior counsel representing the
informant duly assisted by Mr. Saket Kumar Singh.
2. The petitioners are in custody in connection with
Bakhtiyarpur P.S. Case No. 71 of 2024 for the offence
punishable under Sections 302, 201, 120B of the Indian Penal
Code and 27 of the Arms Act lodged on 20.02.2024 by the
informant, Saroj Paswan.
3. As per the prosecution story, the informant
(chowkidar) informed that while moving in the orchard of Late
Shyam Sundar Singh, found a person dead. Accordingly,
Bakhtiyarpur P.S. Case No. 71 of 2024 was lodged. It came to
the notice of the family of the deceased and they identified the
body. Subsequently, the investigation started and arrived at the
door of Saurav Kumar (petitioner) who gave the confession that
the Prince Kumar was having issue with the deceased inasmuch
as he had opened fire causing injury to him. He accordingly
made a plan along with his friends, Saurav, included, Satish and
Golden, the deceased was taken to the place, they consumed
‘Ganja’ and, thereafter, while Saurav hit him on his head, Satish
opened fire causing injury. Prince Kumar who had planned the
entire conspiracy was regularly in touch and thereafter, directed
Saurav to crush the SIM that has been used and leave the place.
Patna High Court CR. MISC. No.88623 of 2025(3) dt.11-03-2026
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4. Learned Senior counsel for the petitioners put
forward his argument separately for Saurabh Kumar and Satish
Kumar and submission for the petitioner, Saurabh Kumar in
Cr. Misc. No. 88623 of 2025 is/are that:
“(i) he do not have any criminal antecedent;
(ii) is in custody since 25.02.2024;
(iii) the allegation against him is that he hit on
the head and the postmortem report shows that it found
an incised wound of size 4cm x 2cm on posterior region
of skull which cannot result into death;
(iv) a petition has been preferred by the
prosecution under Section 319 of the Cr.P.C. and as such,
the trial is not likely to be concluded soon;
(v) he shall abide by all the terms and
conditions, if granted relief.”
5. So far as the accused, Satish Kumar in Cr. Misc.
No. 10298 of 2026 is concerned, the submission is that though
the allegation of opening fire is against him, he has remained in
custody since 14.06.2024. However, upon query, learned Senior
counsel concedes that he has criminal antecedents.
6. Learned Senior counsel for the informant on the
other hand opposes the prayer submitting that so far as Satish
Patna High Court CR. MISC. No.88623 of 2025(3) dt.11-03-2026
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Kumar is concerned, the allegation against him is fully proved
through the postmortem report which has found the right side of
chamber of the heart filled with blood. The further submission is
that he has criminal antecedent also and nine out of twelve
witnesses have been examined.
7. Taking into account the submission of the parties,
so far as the case of Satish Kumar in Cr. Misc. No. 10298 of
2026 is concerned, allegation against him of opening fire which
is supported by the postmortem report, without further
commenting on the merit of the case, as the trial is at an advance
stage, his bail application stands rejected.
8. So far as Saurabh Kumar in Cr. Misc. No. 88623
of 2025 is concerned, considering the aforesaid points put
forward by the learned Senior counsel for the petitioner that the
allegation against him is of hitting on the head and the injury is
size 4cm x 2cm, has no criminal antecedent, and further, has
remained in custody since 14.06.2024, an undertaking has been
given that he will be appearing on each and every date in the
trial and failure to do so, the prosecution can take steps for
cancellation of his bail bond, in that background, this Court is
inclined to extend him the privilege of bail with conditions.
9. Let the petitioner, Saurabh Kumar in Cr. Misc. No.
Patna High Court CR. MISC. No.88623 of 2025(3) dt.11-03-2026
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88623 of 2025 be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of like amount each to
the satisfaction of learned District and Additional Session Judge,
V, Saharsa in connection with Bakhtiyarpur P.S. Case No. 71 of
2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner, Saurabh Kumar in Cr. Misc.
No. 88623 of 2025 who shall provide official document to show
his/her bona fide;
(ii) the petitioner, Saurabh Kumar in Cr. Misc. No.
88623 of 2025 shall appear on each and every date before the
Trial Court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond
by the Trial Court itself;
(iii) the petitioner, Saurabh Kumar in Cr. Misc. No.
88623 of 2025 shall appear before the concerned police station
every month till the conclusion of the trial to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(iv) the petitioner, Saurabh Kumar in Cr. Misc. No.
88623 of 2025 shall in no way try to induce or promise or threat
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the witnesses or tamper with the evidences, failing which the
State shall be at liberty to take steps for cancellation of the bail
bonds;
(v) the petitioner, Saurabh Kumar in Cr. Misc. No.
88623 of 2025 shall desist from committing any criminal
offence again, failing which the State shall be at liberty to take
steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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