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Patna High Court

Santosh kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for regular bail, granting the petitioner release on bail.

Summary

The petitioner, Santosh Kumar, was arrested in connection with a case registered under Sections 191(2), 191(3), 190 and 103 of the Indian Penal Code for allegedly striking the informant's husband with a sword and participating in a violent assault that led to the victim's death. The prosecution alleged that the accused used weapons such as a lathi, danda and a tractor rotavator, though the post‑mortem report did not show a head injury. The petitioner claimed innocence, asserting that the death was accidental and that he had been falsely implicated, while acknowledging a prior criminal antecedent and his custody since 21‑07‑2025. The State opposed regular bail, but the court, after considering the facts, found no compelling reason to deny bail. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under Sections 190, 191(2), 191(3) and 103 of the IPC and his prior criminal antecedent.

Legislation cited

Subjects

  • bail
  • regular bail
  • IPC sections 190, 191, 103
  • false implication
  • criminal antecedent
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66733 of 2025
                       Arising Out of PS. Case No.-83 Year-2025 Thana- GORAUL District- Vaishali
                 ======================================================
                 Santosh kumar Son Veerchandra Pandit R/o Village - Sahpur Gaush Manjiya,
                 P.S. - Goraul (Kathara O.P.), Dist. - Vaihali.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mritunjay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-03-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Goraul

                   (Kathara O.P.) P.S. Case No. 83/2025 registered for the offences

                   punishable under Sections 191(2)/ 191(3)/ 190/ 103 of the

                   B.N.S.

                                3. As per the prosecution case,                there is a direct

                   allegation against the petitioner to hit on the head of the

                   informant’s husband with a sword but no such injury mentioned

                   in the postmortem report. Further it is alleged that other co-

                   accused assaulted with Lathi, Danda and crushed with

                   Rotavetor of the tractor. FIR named accused male persons who

                   are alleged to have participated in the occurrence and driven the

                   tractor which is alleged to be used for causing the death of the
              Patna High Court CR. MISC. No.66733 of 2025(5) dt.19-03-2026
                                                          2/2




                        victim.

                                     4. Learned counsel for the petitioner submits that

                        petitioner is innocent and has falsely been implicated in the

                        present case. Learned counsel further submits that from the

                        post-mortem report it appears that the deceased had met with an

                        accident. Petitioner has one criminal antecedent and he is in

                        custody since 21.07.2025.               The petitioner undertakes to co-

                        operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned A.C.J.M.-I, Vaishali at Hajipur

                        /concerned Court below in connection with Goraul (Kathara

                        O.P.) P.S. Case No. 83/2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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