Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40839 of 2025 Arising Out of PS. Case No.-261 Year-2024 Thana- SALIMPUR District- Patna ====================================================== Santosh Kumar S/o Kamlesh Singh Resident of Village- Rukanpura, PSSalimpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh No. I, Adv.
For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2025 Heard Mr. Ajay Kumar Singh-1, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Salimpur P.S. Case No. 261 of 2024 for the offences punishable under Sections 178, 179, 180, 181, 316(2), 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, lodged on 03.09.2024 by the informant, Krishna Kumar.
3. As per the prosecution story, the informant alleged that upon information about fake notes circulation, the place was raided and beside bundle of fake notes, aadhar cards, driving license, pan card, voter-id and cheque books were recovered. From the pocket of the petitioner, a fake note was also seized. This led to the FIR.
4. Learned counsel for the petitioner submits that the raid took place in the shop of Priyanka Kumari, wife of Prabhat
Patna High Court CR. MISC. No.40839 of 2025(3) dt.29-08-2025 2/3 Kumar who are accused in this case, he is an auto driver, had no knowledge about the circulation of the fake currency but now stands implicated. He has absolutely no criminal antecedent and is in custody since 04.09.2025. The further submission is that the husband of the shop owner, Prabhat Singh @Prabhat Kumar has been granted relief in Cr. Misc. No. 31228 of 2025 on 20.05.2025 by a Co-ordinate Bench (Annexure-P/3 to the petition) and if granted bail, he shall be diligently appearing in trial.
5. Learned APP opposes the prayer for bail submitting that he was an active partner to Priyanka Kumari/Prabhat Singh.
6. Considering the aforesaid submissions of the parties as also the fact that he is in custody since 04.09.2024 having no criminal antecedent. Similar situate, Prabhat Singh @Prabhat Kumar has been released on bail as recorded above, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M. 1st Barh in connection with Salimpur P.S. Case No. 261 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative
Patna High Court CR. MISC. No.40839 of 2025(3) dt.29-08-2025 3/3 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 and at the end of the period, the certificate be submitted to the Court; (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.
8. The office shall ensure that the Trial Court Record is immediately returned to the concerned Court. (Rajiv Roy, J) Vijay Singh/- U T