Tutu Kumar @ Satyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44282 of 2026 Arising Out of PS. Case No.-221 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Tutu Kumar @ Satyam Kumar Son of Vinod Singh @ Vinod Kumar R/O Village- Sakarwar Tola, Ward 16, P.S -Mokama, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y. C. Verma- Sr. Advocate Mr. Adarsh Singh- Advocate Ms. Priyanka Singh- Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2026
1. Heard learned senior counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 103 and 35 of the B.N.S.
3. The learned senior counsel for the petitioner submits that the petitioner, in compliance of the order dated 16.07.2026, has filed a supplementary affidavit bringing on record the Matriculation and Intermediate certificate of the petitioner on record along with Bihar State Inter University Sports Meet, 2019 certificate showing his participation in Kabaddi and his team secured third place.
4. The learned senior counsel appearing on behalf of
2/5 the petitioner next submits that petitioner has antecedent of one case and the informant alleges that Sunny had sprain in his leg, hence Sunny along with Rahul came to his house on 21.06.2023 at 7.30 A.M. for getting the sprain treated. Further, informant's uncle Brajesh asked them to wait as he was giving fodder to the animals, on which Sunny and Rahul became angry and started threatening of dire consequences and left. Further at 12.45 P.M. named accused persons including the petitioner came and started assaulting his uncle (Brajesh), hence informant's father intervened to save his brother when he was assaulted by rod causing injury on head. Further informant and Brajesh were also assaulted by rod and informant also suffered injury on head. Accordingly, injured were taken to the hospital but his father was declared dead.
5. The learned senior counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant being related to Sunny. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that Sunny suffered sprain in his leg, as such, had come with Rahul to get treated by Brajesh, but then, Brajesh was giving fodder to the animals, hence he asked them to wait on account of which, they became angry and went back
3/5 and again came back with the accused persons including the petitioner when the occurrence is alleged to have been committed leading to death of the father of the informant. It is also submitted that allegation of assault is not specific nor informant alleges that how the blow was repeated.
6. Learned A.P.P. Sri Chandra Bhushan Prasad submits that the case was taken up on 16.07.2026 and the Court was not inclined to grant the privilege of anticipatory bail to the petitioner but then it was submitted on behalf of the learned senior counsel appearing on behalf of the petitioner that petitioner is a student and is a Kabaddi player and if anticipatory bail is not granted to the petitioner, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals, as such, the Court directed the petitioner to produce his educational certificate and sports certificate on affidavit.
7. At this stage, the learned senior counsel appearing on behalf of the petitioner submits that a soft copy of the supplementary affidavit has been filed online and hard copy of the same is being filed in the Court, the same is taken on record, from perusal of the supplementary affidavit, it manifests that Matriculation and Intermediate certificate of the petitioner is on
4/5 record and had participated in the Inter University Sports Meet and his team secured 3rd place and petitioner is also preparing for competitive examination. The learned senior counsel appearing on behalf of the petitioner further submits that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
8. After hearing the learned counsel for the parties and taking into consideration the fact that petitioner is a student and is appearing in competitive examination, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Mokama P. S. Case No.221 of 2023, subject to the conditions laid down under Section 482(2) of the B.N.S.S. with a further condition that one of the bailors of the petitioner shall be his mother Sangita Devi.
9. The application stands allowed.
10.However, it is made clear that in the event, if any
5/5 application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
11.Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T