Patna High Court
Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to conditions.
Summary
The petitioner, Santosh Yadav, was arrested in connection with the death of an informant's husband, alleged to have been assaulted with a rod. He was charged under Sections 103(1) and 3(5) of the Indian Penal Code. The petitioner sought bail, arguing that the investigation material only raised suspicion and lacked any eye‑witness testimony, and that the FIR indicated the firearm was not used and the injuries were due to blunt force. The prosecution opposed bail, but the court noted the case rested on suspicion, the petitioner had no prior criminal record, and he pledged to appear at all proceedings. Consequently, the court ordered his release on bail of Rs.10,000 with two sureties, subject to conditions of appearance and possible cancellation for non‑compliance.
Issues considered
- Whether bail should be granted in a case where the evidence is primarily suspicion and no eye‑witness, under Sections 103(1) and 3(5) IPC
- Whether the petitioner poses a risk of fleeing or tampering with evidence
Legislation cited
- Indian Penal Code — s. 103(1), 3(5)
Subjects
- bail
- suspicion
- Indian Penal Code
- criminal procedure
- investigation
- no eye‑witness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82637 of 2025
Arising Out of PS. Case No.-130 Year-2025 Thana- DHARHARA District- Munger
======================================================
Santosh Yadav S/o Late Umesh Yadav Resident of Village- Nayatola Matadih,
P.S.- Dharhara, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv.
Mr. Shashi Saurabh, Adv.
For the State : Mr. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard Mr. Krishna Pd. Singh, learned senior counsel
for the petitioner and learned Additional Public Prosecutor for
the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103(1), 3(5) of the Indian
Penal Code.
3. Petitioner along with other accused persons are said
to have assaulted the husband of the informant with rod as a
result of which he died.
4. Learned senior counsel for the petitioner submits
that although the informant is trying to give an eye witness
account of the entire occurrence in the First Information Report
but the material collected during the course of investigation
narrates a different story, as from paragraphs 10 and 11 of the
Patna High Court CR. MISC. No.82637 of 2025(3) dt.18-02-2026
2/3
case diary, it would appear that the witnesses who have been
examined have stated clearly that the daughter of the deceased
stated that at 7:00 p.m., her father was not picking up the phone
and it is only after that the son of the deceased went for search
that the dead body of the deceased was found in the field. It also
transpires that they have only expressed a suspicion on the
petitioner and others as there had been a dispute between them.
There is no other material collected during the course of
investigation to establish the complicity of the petitioner but for
a suspicion raised against him. Even according to the First
Information Report, the petitioner was armed with a firearm
which was never used as even at the end of the FIR it has been
stated that co-accused Munna Yadav had fired but that too did
not hit and the postmortem report indicates several injuries on
the persons of the deceased but they are all in the nature of
abrasion and swelling which have been caused by hard and
blunt object. The petitioner is in custody since 23.07.2025 and
the charge-sheet has been submitted. The petitioner has no
criminal antecedent and he undertakes to appear on each and
every date fixed in the case.
5. Learned APP for the State has opposed the
application for bail.
Patna High Court CR. MISC. No.82637 of 2025(3) dt.18-02-2026
3/3
6. Taking into consideration the facts and
circumstances and also considering the fact that the case
basically rests on suspicion and there is no eye witness to the
case even during the course of investigation, let the above
named petitioner, 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 court below where
the case is pending/successor court in connection with Dharhara
P.S. Case No. 130 of 2025, subject to the conditions that the
petitioner shall appear on each and every date fixed in the case
and would also cooperate in getting the charges framed and if
the petitioner does not appear on two consecutive dates without
any substantial and satisfactory reason, the learned court below
would be at liberty to cancel his bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
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