Santu Kumar @ Pintu Kumar @ Golu Kumar v. The State Of Bihar
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 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. 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').
3. The petitioner is named in the F.I.R. and is in custody since 18.12.2024.
4. The allegation against the petitioner is to involve in preparation of dacoity along with other named and unknown co-accused persons.
5. 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.
6. 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.
7. 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
8. 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/- U T