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

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

What the court decided

AI extract

Outcome

Bail granted to the petitioner: release on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each, to the satisfaction of the learned 2nd Additional Sessions Judge, Nalanda (Biharsharif), in connection with Sessions Trial No. 954 of 2024 arising out of Harnaut P.S. Case No. 716 of 2023, subject to five enumerated conditions (family-member bailor with bona fide proof; attendance on every trial date; fortnightly police-station reporting for one year; no witness tampering; no commission of fresh offences).

Issue for consideration

Whether the petitioner, in custody since 20.08.2024 in connection with Sessions Trial No. 954 of 2024 arising out of Harnaut P.S. Case No. 716 of 2023 (offences under sections 395 and 397 of the Indian Penal Code), should be released on bail.

Court's answer

Taking into account the submissions of the parties, the petitioner's period of custody, the facts that no T.I. Parade had been conducted and nothing had been recovered from his conscious possession, and that a similarly situate person (Sujeet Kumar, Cr. Misc. No. 929 of 2025) had already been granted relief, this Court was inclined to extend the petitioner the privilege of bail notwithstanding the criminal antecedent urged by the APP.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each, to the satisfaction of the learned 2nd Additional Sessions Judge, Nalanda (Biharsharif), in connection with Sessions Trial No. 954 of 2024 arising out of Harnaut P.S. Case No. 716 of 2023, subject to five conditions: (i) one bailor to be a family member/relative providing official documentation of bona fides; (ii) attendance before the Trial Court on every date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court; (iii) fortnightly appearance at the concerned police station for one year to mark attendance; (iv) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation; (v) desistance from further criminal offences, failing which cancellation steps may follow.

Detailed headnote1 paragraphs

Criminal Miscellaneous (bail application) — Santosh Kumar v. The State of Bihar, CR. MISC. No.30807 of 2025, Patna High Court (Rajiv Roy, J.), decided 06-08-2025, arising out of Harnaut P.S. Case No. 716 of 2023, District Nalanda. Petitioner, in custody since 20.08.2024 in Sessions Trial No. 954 of 2024 for offences punishable under sections 395 and 397 of the Indian Penal Code (prosecution story: accused, on the point of a country-made pistol, snatched Rs.57,000/- and a mobile from the Manager of B.D. Fuel Kisan Sewa Kendra, Poori, and assaulted the nozzle man; accused later apprehended and made confessional statements accepting guilt), was granted bail. Grounds taken into account: no T.I. Parade conducted, nothing recovered from his conscious possession, and parity with similarly situate Sujeet Kumar already released by a coordinate Bench in Cr. Misc. No. 929 of 2025; the APP opposed on the ground of criminal antecedent. Bail directed on a bond of Rs. 10,000/- with two like sureties to the satisfaction of the 2nd Additional Sessions Judge, Nalanda (Biharsharif), with conditions: one bailor a family member/relative with official bona fide document; attendance on every trial date (absence on two consecutive dates without plausible reason entails cancellation by the Trial Court); fortnightly police-station reporting for one year; no inducement/threat to witnesses or tampering with evidence; and no commission of fresh offences, failing which the State may move for cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30807 of 2025

Arising Out of PS. Case No.-716 Year-2023 Thana- HARNAUT District- Nalanda

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

Santosh Kumar Son of Basant Chaudhary Resident of Vill- Saksohra, P.S.Saksohra, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the State : Mr. Bishweshwar Ram, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

3 06-08-2025 Heard the parties.

The petitioner is in custody in connection with Sessions Trial No. 954 of 2024 arising out of Harnaut P.S. Case No. 716 of 2023 for the offence punishable under sections 395 and 397 of the Indian Penal Code, lodged on 30.12.2023 by the informant, Sunil Kumar.

As per the prosecution story, the informant alleged that he being the Manager of the B.D. Fuel Kisan Sewa Kendra Poori was sitting in his room when the accused arrived and on the point of country made pistol, snatched Rs.57,000/- as also the mobile. Before leaving they also assaulted the nozzle man, this led to the F.I.R.

Subsequently during investigation, the accused persons (including petitioner herein) were apprehended and

Patna High Court CR. MISC. No.30807 of 2025(3) dt.06-08-2025 2/3

made confessional statement accepting their guilt.

Learned counsel for the petitioner submits that though he is in custody since 20.08.2024, no T.I. Parade conducted nor anything incriminating recovered from his conscious possession. Further submission is that similar situate Sujeet Kumar has been granted bail by a coordinate Bench in Cr. Misc. No. 929 of 2025.

Let the same be kept on record.

Learned APP opposes the prayer for bail submitting that the petitioner has criminal antecedent.

Taking into account the submissions of the parties as also his period of custody, couple with the fact that no T.I. Parade has been conducted nor anything has been recovered from his conscious possession and similar situate person has been granted relief as stated above,in that background, this Court is inclined to extend him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned 2^nd Additional Sessions Judge, Nalanda (Biharsharif), in connection with Sessions Trial No. 954 of 2024 arising out of Harnaut P.S. Case No. 716 of 2023 subject to the following conditions:

Patna High Court CR. MISC. No.30807 of 2025(3) dt.06-08-2025 3/3

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

vinayak/-

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