Santosh Kumar Sada @ Santosh Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7651 of 2026 Arising Out of PS. Case No.-277 Year-2025 Thana- RAGHOPUR District- Supaul ====================================================== 1.

Santosh Kumar Sada @ Santosh Sada Son of Late Jamadar Sada Resident of Village - Koriyapatti, Ward No. 04, Police Station - Raghopur, District - Supaul.

2.

Mithilesh Sada Son of Sahdev Sada Resident of Village - Koriyapatti, Ward No. 04, Police Station - Raghopur, District - Supaul. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the State :

Mr. Ashok Kumar Singh, APP For the Informant :

Mr. Kumar Saurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-02-2026 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the Informant.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 127(2), 115(2), 109, 140(1) and 238 of the BNS.

3. The case of the prosecution, in short, is that the son of the informant has gone on his bike. In night when he was contacted, he disclosed that he was at Simrahi and he was going to his grandmother's house and will return in morning after performing prayers at Dharhar Mandir. On 14.07.2025, the mobile of the informant's son (deceased) was switched off. After that the informant inquired from his relatives then he came

Patna High Court CR. MISC. No.7651 of 2026(2) dt.12-02-2026 2/3 to know that FIR named persons have killed his son.

4. Learned counsel for the petitioners submits that petitioner no.2 is not named in the FIR whereas petitioner no.1 is named in the FIR. Learned counsel for the petitioners has submitted that from perusal of the order of the learned trial court it will transpire that the name of these petitioners have surfaced in the confessional statement of Surjit Sada @ Hanthkatta and has confessed his guilt. After this, a beheaded body was recovered from the banks of Tilawe river. Learned counsel for the petitioners has further submitted that save and except the confessional statement of Surjit Sada @ Hanthkatta, there is nothing against the petitioners. It has further been submitted that from the house of Surjit Sada one iron pipe, two empty cartridges and one khanti were recovered. Learned counsel for the petitioners has further submitted that no incriminating material has been recovered even from the possession of Surjit and not from these petitioners.

5. Learned counsel for the Informant is present and he has vehemently opposed the bail application of the petitioners and has stated that Surjit has given his confessional statement and has described the role of these petitioners as well and that it is a case of brutal murder.

Patna High Court CR. MISC. No.7651 of 2026(2) dt.12-02-2026 3/3

6. Having heard learned counsel for the parties and considering the 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 Raghopur P.S. Case No. 277 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 Additional Chief Judicial Magistrate, Birpur (Supaul).

(Ashok Kumar Pandey, J) durgesh/- U T