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Patna High Court

Antosh Kumar @ Mantosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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