Allowed¶18

Santosh Kumar @ Ganesh Kumar v. The State of Bihar

Patna HC17 Dec 2025CR. MISC./18540/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.18540 of 2025, decided 17-12-2025 by Ashok Kumar Pandey, J. Regular bail under sections 140(3), 103(1), 62(2), 238, 3(5) B.N.S.; arising out of Matihani PS Case No. 113 of 2024, Begusarai; missing brother of informant; recovery of dead body on disclosure of co-accused Ritesh; confessional statement of co-accused as sole material; strangulation by gamcha (ligature mark on postmortem); no criminal antecedent; judicial custody since 19.09.2024; bail bond Rs.10,000 with two like sureties; bail application allowed.

What did the court decide?

Petitioner enlarged on regular bail in connection with Matihani Thana P.S. Case No. 113 of 2024 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned J.M.F.C cum A.M, Begusarai. ¶18

Santosh Kumar @ Ganesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 19.09.2024 in connection with Matihani PS Case No. 113 of 2024 for offences punishable under sections 140(3), 103(1), 62(2), 238, 3(5) of the B.N.S., should be enlarged on regular bail.

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Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the court is inclined to enlarge the petitioner on bail.

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Ratio / Principle

The petitioner is directed to be released on bail in connection with Matihani Thana P.S. Case No. 113 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C cum A.M, Begusarai.

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Key takeaways

On perusal of the case diary, the court found that the dead body was recovered on the disclosure of co-accused Ritesh made in his confessional statement, and that save and except the confessional statement of the co-accused there is nothing against the petitioner.ratio¶16

Detailed headnote1 paragraphs

Regular bail — Offences punishable under sections 140(3), 103(1), 62(2), 238, 3(5) of the B.N.S. — Arising out of Matihani PS Case No. 113 of 2024, Begusarai — Prosecution case that the informant's brother was missing; on perusal of the case diary the court noted the dead body was recovered on the disclosure of co-accused Ritesh in his confessional statement naming the petitioner, and postmortem disclosed a ligature mark due to strangulation by 'gamcha' — Pointed out that save and except the co-accused's confessional statement there is nothing against the petitioner, who has no criminal antecedent and was in judicial custody since 19.09.2024 — Bail granted on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned J.M.F.C cum A.M, Begusarai.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18540 of 2025

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Arising Out of PS. Case No.-113 Year-2024 Thana- MATIHANI District- Begusarai

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======================================================

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Santosh Kumar @ Ganesh Kumar S/O Rajesh Singh Resident of villageSihma, Police Station- Matahani, District- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvottam Kumar, Advocate Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mrs. Rita Verma, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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9 17-12-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 140(3), 103(1), 62(2), 238, 3(5) of B.N.S.

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The case of the prosecution is that the brother of the informant was missing.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the FIR was lodged against unknown miscreants. During course of investigation, one Ritesh has given his confessional statement and in his

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Patna High Court CR. MISC. No.18540 of 2025(9) dt.17-12-2025 2/3

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confessional statement, he has named this petitioner. From perusal of the case diary, it is clear that the dead body was recovered on the disclosure of co-accused Ritesh in his confessional statement. Save and except confessional statement of co-accused, there is nothing against this petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. From perusal of the postmortem report, it transpires that the deceased has received “deep black in color ligature mark, approx 2’’ inch width around the neck below thyroid cartilage in horizontal plane due to strangulation through gamcha” . A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.09.2024.

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Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Matihani Thana P.S. Case No. 113 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

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Patna High Court CR. MISC. No.18540 of 2025(9) dt.17-12-2025 3/3

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amount each to the satisfaction of learned J.M.F.C cum A.M,

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Begusarai.

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(Ashok Kumar Pandey, J)

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Shubham/-

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U T

Santosh Kumar @ Ganesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar @ Ganesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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