Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38151 of 2026 Arising Out of PS. Case No.-193 Year-2026 Thana- JANDAHA District- Vaishali ====================================================== Santosh Kumar Son of Late Ramashankar Singh Resident of VillageNasratpur, P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Purushottam Kumar, Advocate For the State :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 09-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 85, 80, 238, 3(5) of the B.N.S., 2023.

3. As per the prosecution case, all the accused persons are said to have assaulted the informant's sister for demand of dowry and due to its non-fulfillment, they ultimately killed her. The petitioner is alleged to have played a crucial role in disappearance of evidence.

4. Learned counsel for the petitioner submits that the petitioner is neither the husband nor a family member of the husband of the deceased, rather he is not even related to the said family and is only a co-villager. It would be evident from the First Information Report itself that the allegations have been made on

Patna High Court CR. MISC. No.38151 of 2026(2) dt.09-06-2026 2/2 the husband and other family members of the deceased and only at the fag end of the FIR, the name of the petitioner has been introduced as having a substantive role in causing disappearance of evidence. It is, thus, submitted that at best, only Section 238 of the B.N.S. would be attracted which is a bailable offence. The petitioner is in custody since 12.04.2026.

5. Learned APP for the State opposed the bail petition.

6. Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner is not a family member of the husband of the deceased and his name has only been taken in the last with regard to causing disappearance of the evidence, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVII, Vaishali at Hajipur /concerned Court below in connection with Jandaha P.S. Case No. 193 of 2026.

(Soni Shrivastava, J) priyanka/- U T