Santosh Kumar @ Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18540 of 2025 Arising Out of PS. Case No.-113 Year-2024 Thana- MATIHANI District- Begusarai ====================================================== Santosh Kumar @ Ganesh Kumar S/O Rajesh Singh Resident of villageSihma, Police Station- Matahani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvottam Kumar, Advocate Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 140(3), 103(1), 62(2), 238, 3(5) of B.N.S.

3. The case of the prosecution is that the brother of the informant was missing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the FIR was lodged against unknown miscreants. During course of investigation, one Ritesh has given his confessional statement and in his

Patna High Court CR. MISC. No.18540 of 2025(9) dt.17-12-2025 2/3 confessional statement, he has named this petitioner. From perusal of the case diary, it is clear that the dead body was recovered on the disclosure of co-accused Ritesh in his confessional statement. Save and except confessional statement of co-accused, there is nothing against this petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. From perusal of the postmortem report, it transpires that the deceased has received "deep black in color ligature mark, approx 2'' inch width around the neck below thyroid cartilage in horizontal plane due to strangulation through gamcha". A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.09.2024.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. 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. The above named petitioner is directed to be released on bail in connection with Matihani Thana P.S. Case No. 113 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.18540 of 2025(9) dt.17-12-2025 3/3 amount each to the satisfaction of learned J.M.F.C cum A.M, Begusarai.

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