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2026 DAILYLAW 4775 (PAT)

Saurav Kumar v. The State of Bihar

CR. MISC./8212/2026 · 2026-02-19

Ashok Kumar Pandey

body2026

Judgment text

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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 Patna High Court CR. MISC. No.8212 of 2026(3) dt.19-02-2026 2/4 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 Patna High Court CR. MISC. No.8212 of 2026(3) dt.19-02-2026 3/4 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 Patna High Court CR. MISC. No.8212 of 2026(3) dt.19-02-2026 4/4 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. durgesh/- (Ashok Kumar Pandey, J) U T