Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52307 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Santosh Kumar Son of Late Awdhesh @ Abdhesh @ Late Avadhesh Prasad, Resident of Village - Deep Nagar, Hilsa, P.S.- Hilsa, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Narayan Singh, Advocate Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Malsalami P.S. Case No. 149 of 2025 dated 28.03.2025 instituted for the offence punishable under Sections 103(1), 238, 61(2) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the son of the informant was working as a labourer in Jaya Nutrition Pvt. Ltd. On the alleged date of occurrence, the informant received information that his son, namely Roushan Kumar has died due to falling from the terrace of Jaya Nutrition Pvt. Ltd. Thereafter, the informant reached there and found the dead body of his son was lying on the terrace and there was a deep injury on his head and some injuries were also on his leg. It is alleged that under a conspiracy the accused persons including the petitioner killed his son and his

Patna High Court CR. MISC. No.52307 of 2025(2) dt.11-08-2025 2/2 dead body was thrown away on the terrace.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner is the Contractor of Jaya Nutrition Pvt. Ltd Company. There is no direct allegation against the petitioner. Only on the basis of suspicion, the petitioner has been made accused in this case. There is general and omnibus allegation against the petitioner. Lastly, it has been submitted that the petitioner is in custody since 29.03.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Sub-Judge-IV cum A.C.J.M-IV, Civil Court, Patna City in connection with Malsalami P.S. Case No. 149 of 2025.

(Khatim Reza, J) premchand/- U T