Patna High Court
Salman KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The High Court considered two regular bail applications arising from the same police case (Buxar Muffasil PS Case No. 342 of 2025) involving offences punishable under section 309(6) of the BNS. The prosecution’s case was based on a phone tip about the killing of Santosh Yadav and a confessional statement by a co‑accused, but the victim’s statement did not name any assailants. The petitioners argued innocence, lack of recovered incriminating material, and minimal or no prior criminal records, while the State opposed bail. After weighing the circumstances, the Court found no substantive reason to deny bail and ordered the petitioners released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey on 11‑02‑2026.
Issues considered
- Whether the petitioners are entitled to regular bail under section 309(6) of the BNS given the facts of the case.
- Whether the confessional statement of a co‑accused and the recovered items constitute sufficient ground to deny bail.
- Whether the petitioners' prior criminal antecedents affect the grant of bail.
Legislation cited
Subjects
- regular bail
- section 309(6) BNS
- Juvenile Justice Act
- confessional statement
- judicial custody
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88695 of 2025
Arising Out of PS. Case No.-342 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Sonu Kumar @ Himashu Kumar @ Himanshu Kumar @ Sonu Gupta @ Sonu
Verma @ Sonu Son of Late Anil Sao @ Anil Kumar Sao Resident of Village-
Sindicatge Budhanpurwa, P.S.- Buxar Town, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 90611 of 2025
Arising Out of PS. Case No.-342 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Salman Khan S/o Faiyaz Khan @ Md. Fahiyaj Khan Resident of Village-
Sarmpur (Sarimpur), P.S.- Buxar Industrial Area, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 88695 of 2025)
For the Petitioner/s : Mr.Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 90611 of 2025)
For the Petitioner/s : Mr.Ravi Shankar Pathak, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Both the applications arises out of the same police
station case number as such they have been disposed of by a
common order.
3. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 309
(6) of the BNS.
Patna High Court CR. MISC. No.88695 of 2025(3) dt.11-02-2026
2/3
4. The case of the prosecution is that the informant
received a call on his mobile phone and was informed that
Santosh Yadav @ Guddu Yadav had been killed and thrown in
field. The informant reached the district hospital, Buxar and
from there he was referred to Varanashi for better treatment. A
video was seen in the morning in which it was observed that the
hands of the Santosh Yadave @ Guddu Yadav were tied and the
e-Rickshaw as well as a mobile phone were also missing.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that the
FIR was lodged against unknown miscreants. During the course
of investigation co-accused, Farhan has given his confessional
statement and the name of these two petitioners were surfaced
on the basis of the said statement. It is further submitted that
from the order passed by the learned trial Court, it transpires
that the statement of injured Santosh Yadave @ Guddu Yadav
was recorded and from the said statement, it appears that he was
only assaulted by certain persons but did not name any persons.
6. It is further submitted that as far as petitioner,
namely, Sonu Kumar @ Himanshu Kumar @ Himanshu Kumar
@ Sonu Gupta @ Sonu Verma @ Sonu (Cr. Misc. No. 88695
Patna High Court CR. MISC. No.88695 of 2025(3) dt.11-02-2026
3/3
of 2025) is concerned, nothing has been recovered from his
possession and he is having no criminal antecedent. So far as
petitioner, namely, Salman Khan (Cr. Misc. 90611 of 2025) is
concerned, it is submitted that two mobiles were recovered
from his possession but the same are not the subject matter of of
the case and he has only one criminal antecedent. It is further
submitted that a supplementary affidavit has also been filed
wherein learned counsel for the petitioner submitted that earlier
he had two antecedents of J.J. Act. Moreover, the petitioners are
languishing in judicial custody since 17.10.2025.
7. Learned APP appearing for the state has opposed
the prayer of regular bail.
8. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioners on
bail. The above named petitioners are directed to be released on
bail in connection with Buxar Muffasil P.S. Case No. 342 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, Buxar.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
Checking your session…