Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petitioner is entitled to regular bail subject to a bond of Rs.10,000 and two sureties.
Summary
Santosh Kumar was arrested in connection with offences under Sections 103(2) and 3(5) of the B.N.S., alleged to have assaulted the husband of an informant, who later died. The petitioner claimed innocence, asserting that he was falsely implicated due to a prior dispute and that there was no external injury found in the post‑mortem. He had no prior criminal record and had been in judicial custody since 16‑Oct‑2025. The State and the informant opposed bail, but the court considered the clean antecedent, the nature of the investigation, and the period of custody already served. The court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, to the satisfaction of the Judicial Magistrate, Bettiah.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 103(2) and 3(5) of the B.N.S. given the facts of the case.
Legislation cited
- B.N.S. — s. 103(2), 3(5)
Subjects
- regular bail
- criminal procedure
- assault
- death of victim
- clean antecedent
- bond
- Surety
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.362 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- GOPALPUR District- West Champaran
======================================================
Santosh Kumar Son of Maksudan Mahto @ Maksud Mahto @ Makshudhan
Mahato Resident of village - Barkagaon, Police Station - Gopalpur, District -
West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
Mr. Binay Kumar, Advocate
Mr. Vivek Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Gopalpur P.S. Case No. 183 of 2025 for the offences registered
under Sections 103(2), 3(5) of the B.N.S.
3. As per the prosecution case, on the date of occurrence
petitioner along with F.I.R. named accused persons on account of
old dispute abused and assaulted the husband of the informant who
died prior to treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this case
due to previous dispute. There is general and omnibus allegation
against the petitioner. No external injury has been found in the
Patna High Court CR. MISC. No.362 of 2026(3) dt.23-02-2026
2/2
post-mortem of the deceased. After completion of investigation,
charge-sheet has already been submitted against the petitioner.
Petitioner has no criminal antecedent. He is in judicial custody
since 16.10.2025. Petitioner undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State and
learned counsel for the informant oppose the prayer for grant of
bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, clean antecedent and
period of custody undergone by the petitioner, let the petitioner,
named above, be enlarged on bail upon furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate Ist Class,
Bettiah, West Champaran in connection with Gopalpur P.S. Case
No. 183 of 2025.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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