Santosh Yadav @ Santosh Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.442 of 2026

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In

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CRIMINAL MISCELLANEOUS No.51910 of 2025

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Arising Out of PS. Case No.-168 Year-2018 Thana- CHHATAUNI District- East Champaran

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

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Santosh Yadav @ Santosh Kumar S/o Kapil Yadav @ Kapildev Yadav Ray R/o Village- Chota Bariyarpur, P.S- Chhatauni, Dist- East Champaran.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dhannjay Kumar Ii For the Opposite Party/s : Mr.Renuka Ratnakar (125) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

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ORAL ORDER

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3 16-01-2026

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Heard learned counsel for the parties.

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The present application has been filed seeking

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modification of condition 7(i) of the order dated 15.11.2025 passed in Cr. Misc. No. 51910 of 2025, and for extension of time to surrender before the Court below.

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It is submitted by the learned counsel for the petitioner that vide order dated 15.11.2025 passed in Cr. Misc. No. 51910 of 2025, a direction was issued to the local police to verify the petitioner’s specific assertion that the shop in question did not belong to him, and it was further directed that the bail bonds would be accepted only if such assertion was found to be correct. It is in this background, the present modification application has been filed, as the deponent did not have proper

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Patna High Court CR. MISC. No.442 of 2026(3) dt.16-01-2026 2/3

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knowledge regarding the ownership of the shop and, consequently, such statement were made inadvertently. In fact, the shop belongs to the petitioner; however, there is no electric connection in the said shop. The petitioner has not taken any electricity connection and was running the shop through a generator. Due to lack of proper knowledge about the ownership of the shop, the deponent made the incorrect statement.

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It is further submitted, with reference to the contents of the FIR, that the alleged incident is said to have taken place at around 06:00 A.M., at which time the shop was closed and the generator was also not functioning. The informant’s child is alleged to have been electrocuted by a grill kept outside the petitioner’s shop, and the petitioner had no knowledge of the said incident.

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Taking into account that, even assuming that the informant’s child was electrocuted by the grill kept outside the petitioner’s shop, there is nothing on record to show that such an incident occurred due to electricity emanating from the petitioner’s shop, as the said shop has no electricity connection whatsoever.

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Be that as it may, since there is no material to show that the shop had an electricity connection, condition 7(i)

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Patna High Court CR. MISC. No.442 of 2026(3) dt.16-01-2026 3/3

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of the order dated 15.11.2025 passed in Cr. Misc. No. 51910 of 2025 is modified to the extent that the local police are directed to verify whether the shop belonging to the petitioner has any electricity connection, and if it is found that the shop has no such connection, then only the bail bond of the petitioner shall be accepted by the court below.

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In the interest of justice, the period to surrender is extended by six weeks from today in connection with Chhatuani P.S. Case No.168 of 2018, pending in the court of learned C.J.M., Motihari, East Champaran.

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The order dated 15.11.2025 is modified to the extent as indicated above.

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Accordingly, this modification application stands disposed of.

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(Ajit Kumar, J)

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shikha/-

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U T

Santosh Yadav @ Santosh Kumar v. The State of Bihar

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Santosh Yadav @ Santosh Kumar v. The State of Bihar

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