Santosh Kumar v. The State Of Bihar
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 06-08-2025 Heard the parties.
2. 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.
3. 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.
4. 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.
5. 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.
6. Let the same be kept on record.
7. Learned APP opposes the prayer for bail submitting that the petitioner has criminal antecedent.
8. 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.
9. 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 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 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/- U T