Rampati Kumar @ Santosh Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Rampati Kumar @ Santosh Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted on renewal: release on furnishing bail bonds of Rs.25,000/- with two sureties of the like amount each (father Arvindr Kunwar @ Arbind Singh @ B.P. Singh to be one bailor), subject to the trial court verifying that charges stand framed; failing which the order has no effect, and with liberty to the trial court to cancel the bail bonds if the petitioner delays the trial.

Issue for consideration

Whether the petitioner, who was permitted by order dated 18.01.2025 in Cr. Misc. No. 73243 of 2024 to renew his prayer for bail after framing of charge, is entitled to be released on regular bail in connection with Begusarai Town P.S. Case No. 05 of 2024 (Ss. 302 and 201/34 IPC).

Court's answer

The petitioner is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, in connection with Begusarai Town P.S. Case No. 05 of 2024.

Ratio / Principle

One of the bailors of the petitioner shall be his father, namely, Arvindr Kunwar @ Arbind Singh @ B.P. Singh.

Key takeaways

Before releasing the petitioner on bail, the learned trial court shall verify whether charges against the petitioner have been framed or not.ratio¶22
If it is found that charges against the petitioner have not been framed, the present order shall not be given effect to.ratio¶22
If charges against the petitioner have been framed, the petitioner shall be released on bail forthwith.

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 24707 of 2025 (Patna High Court, Satyavrat Verma, J., oral order dt. 18-04-2025) — Regular bail granted on renewal of bail prayer after framing of charge. The petitioner, accused in Begusarai Town P.S. Case No. 05 of 2024 for offences under Sections 302 and 201/34 IPC, had been permitted by an order dated 18.01.2025 in Cr. Misc. No. 73243 of 2024 to renew his prayer for bail after framing of charge; counsel submitted that charges were framed on 26.03.2025, though the framing order was not annexed to the application. The Court directed release on bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each, one bailor to be the petitioner's father, Arvindr Kunwar @ Arbind Singh @ B.P. Singh. Operation of the order was made conditional: the trial court must first verify that charges have in fact been framed, and if not, the order shall not be given effect to; if charges stand framed, the petitioner is to be released forthwith, but the trial court retains liberty to cancel the bail bonds if, after release, it concludes the petitioner is trying to delay the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24707 of 2025

Arising Out of PS. Case No.-5 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai

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

Rampati Kumar @ Santosh Kumar S/O Arvindr Kunwar @ Arbind Singh @ B.P. Singh Resident of Vill.- Mithila Nagar, Kaliashthan, Bishnupur Mohan Eghu, P.S.- Town, Dist.- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P. ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 18-04-2025

Heard learned counsel for the petitioner and Mr.

Anuj Kumar Shrivastava, learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the

offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the instant bail application has been filed in terms of the liberty granted to the petitioner to renew his prayer for bail after framing of charge by an order dated 18.01.2025 in Cr. Misc. No. 73243 of 2024.

Learned counsel for the petitioner submits that charges against the petitioner have been framed on 26.03.2025.

Mr. Anuj Kumar Shrivastava, learned A.P.P. for the State vehemently opposes the prayer for regular bail of the

Patna High Court CR. MISC. No.24707 of 2025(2) dt.18-04-2025 2/3

petitioner and submits that no doubt, liberty was granted to the petitioner to renew his prayer for bail after framing of charge and it has been submitted by the learned counsel appearing on behalf of the petitioner, based on instruction, that charges against the petitioner have been framed on 26.03.2025 but then the order framing charge has not been annexed with the bail application.

Considering the submission made by the learned counsel appearing on behalf of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Begusarai Town P.S. Case No. 05 of 2024.

One of the bailors of the petitioner shall be his father, namely, Arvindr Kunwar @ Arbind Singh @ B.P. Singh.

However, the learned trial court, before releasing the petitioner on bail, shall verify whether charges against the petitioner have been framed or not. In the event, if it is found that charges against the petitioner have not been framed, in that event, the present order shall not be given effect to.

It is made clear that if charges against the petitioner

Patna High Court CR. MISC. No.24707 of 2025(2) dt.18-04-2025 3/3

have been framed, the petitioner shall be released on bail forthwith but if the learned trial court, after release of the petitioner, comes to a conclusion that petitioner is trying to delay the trial of the case in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J)

Kundan/-

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