Santu Kumar @ Pintu Kumar @ Golu Kumar Vs The… — Murder and Culpable Homicide | Patna HC (2025)

Santu Kumar @ Pintu Kumar @ Golu Kumar Vs The… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Gaya/concerned court in connection with Belaganj P.S. Case No. 578 of 2023, subject to conditions laid down under Section 437(3) CrPC / Section 480(3) BNSS.

Issue for consideration

Whether the petitioner, named in the F.I.R. and in custody since 18.12.2024, should be released on bail in connection with Belaganj P.S. Case No. 578 of 2023. +1 more

Court's answer

The petitioner was directed to be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Gaya/concerned court in connection with Belaganj P.S. Case No. 578 of 2023, subject to the conditions laid down under Section 437(3) of the CrPC / Section 480(3) of the BNSS.

Ratio / Principle

Taking a prima facie view, the court found that nothing surfaced during the course of investigation on the basis of which it could be said that the petitioner was primarily involved in preparation of dacoity; coupled with the fact that the petitioner remained in custody since 18.12.2024, this formed the stated basis for granting bail.

Detailed headnote1 paragraphs

BAIL — REGULAR BAIL GRANTED (Patna High Court, CRIMINAL MISCELLANEOUS No.19884 of 2025, oral order dated 22-08-2025, Chandra Shekhar Jha, J.): Petitioner Santu Kumar @ Pintu Kumar @ Golu Kumar, named in the F.I.R. and in custody since 18.12.2024 in Belaganj P.S. Case No. 578 of 2023 (District Gaya), sought bail. Case initially registered under Sections 302 and 201 read with 34 IPC on allegations that the informant's son was murdered by named co-accused including the petitioner; per counsel, after investigation police charge-sheeted only under Sections 399 and 402 IPC, the deceased being a man of criminal antecedent who died in a motor vehicle accident while allegedly preparing for dacoity as an accomplice; counsel further urged no incriminating material was recovered from the petitioner, who was a man of clean antecedent, and that investigation stood completed. The State (via APP) opposed. The Court, taking a prima facie view that nothing surfaced during investigation showing the petitioner's primary involvement in preparation of dacoity, and noting custody since 18.12.2024, directed release on bail on a bond of Rs.10,000/- with two like sureties to the satisfaction of learned C.J.M., Gaya/concerned court, subject to conditions under Section 437(3) CrPC / Section 480(3) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19884 of 2025

Arising Out of PS. Case No.-578 Year-2023 Thana- BELAGANJ District- Gaya

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

Santu Kumar @ Pintu Kumar @ Golu Kumar, S/o Ramdyal Prasad @ Ramdayal Yadav, R/o Village- Khaira, P.S.- Konch, Dist.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Md. Fahimuddin, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 22-08-2025

Heard learned counsel appearing on behalf of the

petitioner and learned APP appearing on behalf of the State.

The petitioner seeks bail in connection with

Belaganj P.S. Case No. 578 of 2023 registered for the offences under Sections 302 and 201 read with 34 of the Indian Penal Code (in short ‘IPC’).

The petitioner is named in the F.I.R. and is in custody since 18.12.2024.

The allegation against the petitioner is to involve

in preparation of dacoity along with other named and unknown co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that initially FIR was lodged on the basis

Patna High Court CR. MISC. No.19884 of 2025(3) dt.22-08-2025 2/3

of information that the son of the informant was murdered by named co-accused persons including this petitioner for the offence punishable under Section 302 of the IPC, but later on, after investigation, police submitted charge-sheet for the offence punishable under Sections 399 and 402 of the IPC only, considering the fact that the son of the informant, who was also a man of criminal antecedent died out of motor vehicle accident, while preparing for dacoity being accomplice.

In this context, it is further submitted that no incriminating material recovered/surfaced from the possession of this petitioner, during the course of investigation on the basis of which, it can be said that petitioner was primarily involved with preparation of dacoity. While concluding the argument, it is submitted that petitioner is a man of clean antecedent, and moreover, investigation is already completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State

opposed the prayer for bail.

Patna High Court CR. MISC. No.19884 of 2025(3) dt.22-08-2025 3/3

In view of aforesaid facts and circumstances as

mentioned above and by taking note of fact as prima-facie nothing surfaced during the course of investigation on the basis of which it can be said that petitioner was primarily involved in preparation of dacoity, coupled with the fact as petitioner remains in custody since 18.12.2024, accordingly above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya/concerned court in connection with Belaganj P.S. Case No. 578 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’)

(Chandra Shekhar Jha, J.)

Sanjeet/-