Patna High Court
Santosh Rai @ Santosh Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
Santosh Rai was arrested in connection with a murder case (Gaighat P.S. Case No. 181 of 2020) alleged under Sections 302 and 34 of the Indian Penal Code. The prosecution alleges that Rai, along with co‑accused, killed the son of informant Dharamveer Kumar. The petitioner contended that he is innocent, has no prior criminal record, and that the deceased had actually committed suicide, with the body being discovered after a broken door. He applied for regular bail, having been in custody since 17 October 2025, while the State opposed the relief. The Court, after considering the facts, the petitioner's claim of innocence, and the lack of any adverse material, decided to grant bail. Accordingly, bail was ordered on a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to an accused in a murder case under Sections 302 and 34 of the IPC.
- Whether the claim of suicide and the petitioner's clean record justify bail despite the seriousness of the offence.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- regular bail
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8021 of 2026
Arising Out of PS. Case No.-181 Year-2020 Thana- GAIGHAT District- Muzaffarpur
======================================================
Santosh Rai @ Santosh Kumar Rai, Son of Mohan Rai, Resident of village-
Kakariya PS -Gaighat District -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 30-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection
with Gaighat P.S. Case No. 181 of 2020 registered for the
offence under Sections 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and
the other co-accused persons are alleged to have killed the son
of the informant Dharamveer Kumar.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has no criminal antecedent. During
investigation, it has come that the deceased Dharamveer Kumar
has committed suicide and the door was broken, thereafter, the
dead body was recovered. The petitioner is in custody since
17.10.2025.
Patna High Court CR. MISC. No.8021 of 2026(3) dt.30-03-2026
2/2
5. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
6. Considering the facts and circumstances of the
case as well as the submissions of learned counsel for the
petitioner, this application is allowed.
7. Let the petitioner, above named, be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1 st Class, (East),
Court No. 2, Muzaffarpur/ concerned Court below, in
connection with Gaighat P.S. Case No. 181 of 2020.
(Sandeep Kumar, J)
khushbu/-
U T
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