Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted to the petitioner subject to the conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
Satish Kumar was arrested in connection with the murder of the informant's grandson, alleged under Sections 103(2) and 61(2) of the B.N.S., 2023. The prosecution’s case is based mainly on the fact that the petitioner was last seen with the deceased, with no eyewitnesses, forensic evidence, or motive established. The petitioner’s counsel argued that he has a clean antecedent, the chargesheet has already been filed, and there is no material incriminating him, therefore bail should be granted. The State opposed bail, contending that the petitioner’s presence at the scene warrants continued detention. The court, after considering the lack of substantive evidence and the petitioner’s clean record, ordered his release on bail subject to conditions under Section 480(3) of the B.N.S.S. and other safeguards. The bail bond was set at Rs.10,000 with two sureties, one of whom must be a close relative, and compliance with court dates was mandated.
Issues considered
- Whether bail should be granted to the accused under Sections 103(2) and 61(2) of the B.N.S., 2023 in view of the available evidence
- Whether the provisions of Section 480(3) of the B.N.S.S. justify the grant of bail with conditions
Legislation cited
- B.N.S., 2023 — s. 103, 480, 61
Subjects
- bail
- murder
- criminal procedure
- section 480
- B.N.S. 2023
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90547 of 2025
Arising Out of PS. Case No.-594 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
Satish Kumar S/o Amarnath Prasad, Resident of Village - Karhi Khurd,
Behind the Maszid, P.S. - Basantpur, Distrcit - Siwan.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Bijay Prakash Singh, Advocate
For the State : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Basantpur P.S. Case No. 594 of 2025 dated
30.10.2025, registered for the offences punishable under
Sections 103(2) and 61(2) of the B.N.S., 2023.
3. As per the prosecution case, the grandson of the
informant left his house along with the petitioner on motorcycle.
He was again seen around 04:00 PM by the son of the informant
in company of the petitioner and one other person. Later on, the
dead body of the grandson of the informant was found near the
cowshed of the informant.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. There is no specific
Patna High Court CR. MISC. No.90547 of 2025(3) dt.23-02-2026
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allegation against the petitioner except that he was last seen with
the grandson of the informant. The petitioner has been made
accused in the present case merely on the basis of suspicion.
The petitioner was not apprehended from the spot and nothing
incriminating was recovered from his person or possession.
There is no eyewitness to the whole occurrence. No motive has
been assigned to the petitioner for commission of the alleged
offence. No external injury or ligature mark was found in the
post-mortem report, though there is allegation in the FIR that a
gamcha was found wrapped around the neck of the grandson of
the informant. Viscera was preserved for toxicological
examination. Learned counsel further submits that petitioner is
not the assailant of the deceased and there is no specific
allegation of committing murder against him. Learned counsel
next submits that petitioner is having clean antecedent and
chargesheet has been submitted. Learned counsel lastly submits
that petitioner is in custody since 31.10.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that petitioner was last seen with the deceased.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
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nature of material available against the petitioner and further
considering his clean antecedent, his period of custody and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Siwan / concerned Court, in connection with
Basantpur P.S. Case No. 594 of 2025, subject to the condition
laid down under Section 480(3) of the B.N.S.S. and other
following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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