Patna High Court
Santosh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
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
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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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