Santosh Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68436 of 2025 Arising Out of PS. Case No.-246 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== Santosh Kumar Patel Son of Lakshman Patel @ Lakshman Mandal @ Laxman Mandal Resident of Village - Balsota Dhar (Balsora Dhar) @ Balsautadhar, P.S.- Alamnagar, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with S.T. Case No. 229 of 2025 arising out of Alamnagar P. S. Case No. 246/2023 in a case registered for the offence punishable under Section 364, 302, 201 and 34 of the Indian Penal Code.
3. As per the prosecution case, this petitioner along with co-accused persons took the son of the informant with them from his house and brutally assaulted him and demanded ransom. When informant along with her family members went to the Basa of co-accused Santosh Patel, it was found that the accused persons were assaulting the victim by tying him in a tree and at that place petitioner and co-accused persons and 1015 other persons were also present. Later on, beheaded body of
Patna High Court CR. MISC. No.68436 of 2025(3) dt.04-11-2025 2/3 the son of the informant was found lying in a drainage situated near Harihar Tola.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There is no specific allegation of any overt act against this petitioner. The FIR has been lodged after delay of two days. Similarly situated other co-accused persons, namely, Mahesh Mandal @ Mahesh Kumar & Bittu Sah @ Vibhash Sah @ Bibhash Kumar have already been granted bail by a co-ordinate Bench of this Court vide order dated 19.03.2025 passed in Cr. Misc. No. 14002 of 2025. Petitioner is in custody since 23.05.2025.
5. Learned A.P.P. for the State vehemently has opposed the bail application and has submitted that petitioner is named in the FIR. There is allegation against the petitioner that he along with other co-accused persons took the son of the informant. It is further alleged that this petitioner along with other accused demanded ransom in lieu of his release and gave their mobile numbers to the informant. Hence, he cannot claim parity with the persons who have already been granted bail by the co-ordinate Bench of this Hon'ble Court.
6. Considering the nature of accusation, prayer for
Patna High Court CR. MISC. No.68436 of 2025(3) dt.04-11-2025 3/3 bail of the petitioner is rejected. However, since petitioner is in custody since 23.05.2025, Trial Court is directed to expedite and conclude the trial, preferably, within a period of one year from the date of receipt/production of copy of this order. (Prabhat Kumar Singh, J) AjayMishra/- U T