Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74478 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Santosh Kumar S/O Vikrma Sah @ Vikrama Sao @ Bikrama Kanu R/O Vill.- Ibrahim Nagar, P.S.- Ara Nagar, District- Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisu Zzoha For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-11-2025 Heard both parties.
2. The petitioners seek bail in a case, registered for the offence punishable under Sections 109, 103(1), 61, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1-b)a, 26 and 27 of the Arms Act.
3. Prosecution case, in brief, is that informant's elder son Tarkeshwar Paswan went to Khajura Bazar with Krishna Paswan and Rishikesh Paswan. After sometime, informant came to know that there was firing at Khajura Bazar, when the informant reached there, he saw his son was lying dead and blood was oozing from his head, leg and hand. Upon inquiry, Rishikesh Paswan told him that one Baleno Car having Reg. No. BR06CN-6987 came there in which five persons namely, Md. Danish, Md. Nehal, Santosh Kumar, Afroz and Saheb Paswan
Patna High Court CR. MISC. No.74478 of 2025(2) dt.18-11-2025 2/2 were seated and they made indiscriminate firing. Md. Nehal shot Tarkeshwar and in course of rescue Krishna Paswan got injured.
4. Learned counsel for the petitioner submits that it is the specific case of the informant that Md. Nehal fired which hit Tarkeshwar Paswan (deceased) son of the informant. Allegation of firing is general and omnibus. Petitioner is not the assailant of deceased. Petitioner is in custody since 10.05.2025.
5. Learned APP however, vehemently opposes the prayer for bail of the petitioner.
6. Considering the aforesaid facts, let the petitioner above-named, be enlarged 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 Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 150 of 2025.
(Prabhat Kumar Singh, J) vinita/- U T