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Patna High Court

Santosh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, holding that no case was made out against him and his continued detention was unwarranted.

Summary

Santosh Singh was arrested in connection with a case (Dinara P.S. Case No. 63 of 2025) alleging that his wife, Neha Devi, administered poison to the informant's three‑year‑old son, resulting in death. The petitioner contended that the accusation pertained solely to his wife and that there was no incriminating material against him in the case diary. The State relied on the wife's confession and a toxicology report indicating pesticide ingestion to oppose bail. The court examined whether the petitioner was a necessary party to the offence and whether his continued detention was justified. Concluding that the allegations were directed at the wife and that the petitioner had a clean antecedent, the court ordered his release on regular bail upon furnishing a bail bond and sureties, subject to cooperation with the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner when the alleged offence is directed against his wife and not him.
  • Whether the petitioner is a necessary party to the offence under Sections 103(1) and 3(5) of the BNS.

Legislation cited

Subjects

  • regular bail
  • poisoning
  • murder
  • Criminal Procedure Code
  • Bihar Narcotic Substances Act
  • high court
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84962 of 2025
                        Arising Out of PS. Case No.-63 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
                 Santosh Singh S/O Shyam Bihar Singh @ Mangru Yadav R/O Village -
                 Dharkandha, P.S- Dinara, Dist.- Rohtas
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Babu Nandan Prasad, Adv.
                 For the Opposite Party/s :       Mr.J.N. Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   20-02-2026                    Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Dinara P.S. Case No. 63 of 2025, registered for the

                   offences punishable under Sections 103(1), 3(5) of the BNS.

                                3. According to allegation, two sons of the informant

                   were residing at their maternal house. On 14.02.2025, the sister-

                   in-law (Sali) of the informant informed him that Neha Devi

                   (Sarhaj of the informant) had administered poisonous substance

                   to the three-year-old son of the informant, who died after

                   consuming the poison.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. He has further submitted that the allegation of
Patna High Court CR. MISC. No.84962 of 2025(4) dt.20-02-2026
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          administering poisonous substance to the deceased is not against

          the petitioner, rather, it is against his wife, Neha Devi. The

          petitioner is a person of clean antecedent and has been in

          custody since 24.06.2025.

                       5. On the other hand, the learned APP for the State has

          opposed the prayer for bail and submitted that Neha Devi has

          confessed her guilt and in her confessional statement, she has

          stated that the relationship between her and the mother of the

          deceased was not good. She further stated that she had earlier

          killed the first son of the informant by thrashing him on the

          ground and later killed his other son by administering poisonous

          substance. He has further submitted that, in the viscera report,

          pesticide was detected, which shows that he was murdered after

          being administered poisonous substance.

                       6. The allegation of administering poisonous

          substance is against the wife of the present petitioner,

          namely Neha Devi. So far as this petitioner is concerned,

          there is nothing against him in the entire case diary.

                       7. Considering the above-mentioned facts and

          circumstances, let the petitioner above-named, is directed to

          furnish bail bond and on doing so, the court below shall release

          the petitioner on bail on furnishing bail bonds of Rs.10,000/-
           Patna High Court CR. MISC. No.84962 of 2025(4) dt.20-02-2026
                                                       3/3




                     with two sureties of the like amount each to the satisfaction of

                     learned Judicial Magistrate-Ist Class, Bikramganj, Rohtas in

                     connection with Dinara P.S. Case No. 63 of 2025, subject to the

                     following conditions that the petitioner shall cooperate in the

                     disposal     of trial and       make himself available as and when

                     required by the court.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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