Patna High Court
Sanjeev Kamal KishoreversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482 of the CrPC.
Summary
The petitioner, Sanjeev Kamal Kishore, applied for bail fearing arrest in a case (PS Case No. 137 of 2018) concerning the death of a labourer during construction of MLA flats by Kashish Developers, alleged under Sections 304 and 34 of the Indian Penal Code. He asserted that he was merely a project manager and had no involvement in the incident. The court examined his claim of innocence and the nature of the alleged offence. Considering the circumstances, the court allowed the bail application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the CrPC.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) of the CrPC in a case involving alleged culpable homicide under IPC Sections 304/34.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 304, 34
Subjects
- bail
- IPC 304
- culpable homicide
- Section 438 CrPC
- Section 482 CrPC
- construction accident
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43749 of 2025
Arising Out of PS. Case No.-137 Year-2018 Thana- SACHIVALAYA District- Patna
======================================================
Sanjeev Kamal Kishore S/o- Late Nand Kishore Prasad R/o- Road No. 5B,
Adarsh Colony, West Patel Nagar, Near Power Enclave Apartment, L.B.S.
Nagar, Patna, Police Station- Shastri Nagar, District- Patna, Bihar, Pin Code-
800023
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Bedvanti Devi W/o Lt Vikram Paswan Imamnagar Barewa P S Haider Nagar
Dist Palamu Jharkhand
3. Ajit Chaudhary MD Kashish DEvelopers Ltd CIN No. U74300JH2001PLC
012131 Reg Office 87 Old A G Colony P O Kadru Ranchi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hira Sharma
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with in connection with Sachiwalaya P.S. Case No.
137 of 2018 registered for the offence under Sections 304/34 of
the Indian Penal Code.
3. As per the prosecution case, one labour died
while he was working in the construction of MLA flats which
was being done by Kashish Developers.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.43749 of 2025(5) dt.19-02-2026
2/2
been implicated in this case of accidental death. He further
submits that he was working in the capacity of Project Manager
on the site and he has no role to play in the alleged incident.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned ACJM-II,
Patna/concerned Court below in connection with Sachiwalaya
P.S. Case No. 137 of 2018 / G.R. No. 6247 of 2018,subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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