Patna High Court
Antosh Kumar @ Mantosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, finding the allegations vague and lacking substantive material.
Summary
The petitioner, Antosh Kumar, was arrested in connection with a murder case (P.S. Case No. 61 of 2025) alleging involvement in the killing of the informant’s brother and alleged concealment of the dead body. The prosecution’s case relied on mobile call data showing frequent communication between the petitioner and the deceased’s daughter, who was alleged to have committed the murder. The petitioner contended that he was falsely implicated, there were no eyewitnesses, and no substantive material linked him to the murder, only a vague allegation of helping conceal the body. The State and the informant opposed bail, citing the call records as evidence of involvement. The court, noting the vague and doubtful nature of the allegations, the lack of substantive material, and the petitioner’s prolonged custody despite the charge sheet, granted bail subject to conditions under Section 480(3) of the B.N.S.S. and required sureties. The bail order required the petitioner to appear on all court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of involvement in murder and concealment of a dead body
- Whether the call data and alleged communications constitute sufficient material to deny bail under Section 480(3) of the B.N.S.S.
Legislation cited
Subjects
- bail
- criminal procedure
- murder
- concealment of body
- mobile call data
- insufficient evidence
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82946 of 2025
Arising Out of PS. Case No.-61 Year-2025 Thana- Patarghat District- Saharsa
======================================================
Antosh Kumar @ Mantosh Kumar S/o Dukhi Yadav R/o vill - Amrita Ward
No. 5, P.S. - Sonbarsa Raj, Distt.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha, Advocate
For the State : Mr.Pawan Kumar Chaurasia, APP
For the Informant : Mr. Satish Kumar Singh, Advocate
Mr. Dinesh Maharaj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel appearing on behalf
of the informant.
02. In the present case, the petitioner seeks bail in
connection with Patarghat P.S. Case No. 61 of 2025 registered
for the alleged offences under Sections 103(1), 238, 3(5) of
B.N.S.
03. As per prosecution case, dead body of the brother
of the informant was recovered and during investigation the
name of the petitioner transpired for being involved in the
murder of the brother of the informant.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.82946 of 2025(4) dt.11-02-2026
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petitioner is innocent and has been falsely implicated in this
case. There is no eye witness to the alleged occurrence and
petitioner has no hand in the occurrence at all. There is no
allegation against the petitioner that he murdered the brother of
the informant and only allegation which came up during
investigation is that he along with co-accused tried to conceal
the dead body. But even for this allegation there is no material
available on record. The petitioner has antecedent of two cases
and he is on bail in both the cases. The petitioner is in custody
since 10.07.2025 and charge sheet has been submitted.
05. Learned APP as well as learned counsel appearing
on behalf of the informant vehemently oppose the submission
made on behalf of the petitioner. Learned counsel for the
informant submits that the call data of the mobile phone was
taken up and it came to the notice that the daughter of the
deceased murdered him with the help of this petitioner who
actively helped in concealing the dead body. Learned counsel
further submits that the petitioner talked with co-accused
daughter of the deceased for 55 times and this fact itself show
the involvement of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.82946 of 2025(4) dt.11-02-2026
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vague and doubtful nature of allegation against the petitioner
and lack of substantive material against him and also
considering the period of custody of the petitioner and
submission of charge sheet, the petitioner above named is
directed to 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 learned Chief Judicial Magistrate,
Saharsa/concerned Court in connection with Patarghat P.S. Case
No. 61 of 2025, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative
of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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