Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14989 of 2025 Arising Out of PS. Case No.-396 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== Santosh Kumar S/O Vijay Mandal R/O Village- Kasbakherhi, P.S- Shahkund, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sabour P.S. Case No. 396 of 2022 dated 27.09.2022 registered for the offences punishable under Section 396 of the Indian Penal Code.

3. As per the prosecution case, some unknown miscreants are alleged to have killed the husband of the informant and also looted his valuable along with his Toto and his dead body was thrown in orchard.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of

Patna High Court CR. MISC. No.14989 of 2025(4) dt.29-07-2025 2/3 the petitioner has sprung up in this case in the confessional statement of the co-accused, Shatrughan Paswan. It is further submitted that the specific allegation of cutting the throat of the deceased is against the co-accused, Ashish Kumar, who has already been granted regular bail by this Court vide order dated 31.07.2023 passed in Cr. Misc. No. 33018 of 2023. There is no eye-witness to the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.11.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Sabour P.S. Case No. 396 of 2022, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.14989 of 2025(4) dt.29-07-2025 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T