Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25086 of 2025 Arising Out of PS. Case No.-369 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== Santosh Kumar Son of Kashok Ram @ Ashok Ram Resident of Village - Lohara, P.S.- Harnaut, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kant Singh For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-05-2025 Heard the learned counsel for the petitioner and learned APP for the State; Sri Shyam Kumar Singh.

2. The petitioner, who is in custody since 06.08.2024, seeks regular bail in connection with Chowk P.S. Case No. 369 of 2024 registered for the offence under Sections 103(i), 61(2), 238 & 3(5) of the Indian Penal Code.

3. The deceased was killed by unknown criminals and his dead body was found in a field. During the investigation, the police found one Kanhaiya Poddar co-accused travelling with the deceased in a toto vehicle and subsequently, during the investigation, it has come that Kanhaiya Poddar was driving the toto belonging to the deceased which he had taken on rent. Subsequently there was a dispute between them and Kanhaiya Poddar decided to eliminate the deceased. Thereafter he

Patna High Court CR. MISC. No.25086 of 2025(2) dt.02-05-2025 2/2 conspired with the present petitioner who is the brother-in-law of co-accused Kanhaiya Poddar. Co-accused Kanhaiya Poddar took the deceased along with him to get a passenger. The petitioner came to the spot on a motorcycle where the crime was committed thereafter, the deceased was strangulated and stabbed by the co-accused Kanhaiya Poddar and the petitioner.

4. Apart from the self-inculpatory statement of the co-accused Kanhaiya Poddar, the petitioner has also given a confessional statement. The presence of the petitioner at the place of occurrence has come up in the analysis of the CDR. The petitioner was in constant touch with co-accused Kanhaiya Poddar on the date on which the crime was committed and around the time when the crime was committed.

5. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

6. Accordingly, this application for regular bail is hereby rejected.

(Sandeep Kumar, J) Shishir/- U T