Santosh Kumar @Ram Singar Das Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Santosh Kumar @Ram Singar Das Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Release of appellant Santosh Kumar @ Ram Singar Das on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, SC/ST, Gaya in connection with Konch P.S. Case No. 286 of 2021; bail-rejection order dated 16.10.2023 set aside.

Issue for consideration

Whether the appellant, whose prayer for bail was rejected on 16.10.2023 by the Exclusive Special Judge, SC/ST, Gaya in connection with Konch P.S. Case No. 286 of 2021 (offences under Sections 302 and 120(B)/34 IPC, Section 27 Arms Act, Section 3(2)(v) SC/ST Act), should be released on bail, and whether the rejection order should be set aside.

Court's answer

This Court deemed it appropriate to set aside the order dated 16.10.2023 rejecting the appellant's bail, having taken into account the facts before it (including counsel's submissions of false implication, clean antecedents, custody since 26.09.2023, and anticipatory bail earlier granted to a similarly situated co-accused).

Ratio / Principle

The appeal is allowed and the appellant is directed to be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, SC/ST, Gaya in connection with Konch P.S. Case No. 286 of 2021.

Detailed headnote1 paragraphs

Bail — setting aside of lower-court bail refusal (Patna HC, CRIMINAL APPEAL (SJ) No.305 of 2024, decided 26-04-2024, Ramesh Chand Malviya, J): Taking into account the aforesaid facts, the Court set aside the order dated 16.10.2023 of the learned Exclusive Special Judge, SC/ST, Gaya whereby the appellant Santosh Kumar @ Ram Singar Das's prayer for bail had been rejected in Konch P.S. Case No. 286 of 2021 (offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) of the SC/ST Act), and allowed the appeal, directing release of the appellant on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the said Special Judge. Counsel for the appellant had submitted false implication, clean antecedents, custody since 26.09.2023, and anticipatory bail granted by this Court to a similarly situated co-accused in Cr. Appeal (SJ) No. 2103 of 2022; the Special P.P. opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.305 of 2024

Arising Out of PS. Case No.-286 Year-2021 Thana- KONCH District- Gaya

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

Santosh Kumar @Ram Singar Das SON OF Ramishwar Das villagechhatawan PS -Tekari District- Gaya

... ... Appellant/s

Versus

The State of Bihar

Baby Devi SON OF Late Mirtunjay Das village -konch dih PS- Konch District -Gaya

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Durgesh Nandan, Advocate For the Respondent/s : Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 26-04-2024

Heard learned counsel for the appellant and learned Special P.P. for the State.

The appellant has challenged the order dated 16.10.2023 passed by learned Exclusive Special Judge, SC/ST, Gaya in connection with Konch P.S. Case No. 286 of 2021 instituted for the offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) of the SC/ST Act whereby his prayer for bail has been rejected.

As per the prosecution case, informant raised suspicion that the FIR named accused persons committed the murder of her husband.

Patna High Court CR. APP (SJ) No.305 of 2024(3) dt.26-04-2024 2/2

Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. He next submits that the appellant has got clean antecedent and he is in custody since 26.09.2023. Similarly situated co-accused has been granted anticipatory bail by this Court passed in Cr. Appeal (SJ) No. 2103 of 2022.

Learned Special P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 16.10.2023.

Accordingly, this appeal is allowed.

The appellant, 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 Exclusive Special Judge, SC/ST, Gaya in connection with Konch P.S. Case No. 286 of 20241 .

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T