Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48158 of 2025 In CRIMINAL MISCELLANEOUS No.89392 of 2024 Arising Out of PS. Case No.-1280 Year-2022 Thana- NAWADA District- Nawada ====================================================== Santosh Kumar Singh S/o Shri Niwas Singh R/o VILLAGE- Block Road, Rajauli, P.S. - Rajauli, DISTRICT- Nawada ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2025 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Learned counsel for the petitioner submits that the criminal antecedent of the petitioner was submitted by the Investigating Officer of the case before the learned trial court before the date of surrender of the petitioner recording therein that petitioner does not have any criminal antecedent, but then the surrender of petitioner was not accepted by the learned trial court on the ground that the criminal antecedent of the petitioner in view of the letter of the learned trial court has not been sent by the concerned Superintendent of Police. It is submitted that since the investigating officer of the case had already submitted the criminal antecedent report of the petitioner, the learned trial court ought to have accepted the same and released the petitioner on bail in compliance of the order dated 14-2-2025 in

Patna High Court CR. MISC. No.48158 of 2025(2) dt.18-07-2025 2/2 Cr. Misc No. 89392 of 2024.

3.

Learned APP for the State also submits that since criminal antecedent report was already submitted before the learned trial court, in that event the learned trial court ought not to have waited for a report from the Superintendent of Police and in the event if subsequently the Superintendent of Police would have submitted a report contrary to what has been submitted by the Investigating Officer, in that event the learned trial court had the power to cancel the bail bonds of the petitioner.

4.

After hearing the learned counsel for the parties, the modification application is allowed and the petitioner is directed to surrender on or before 28-7-2025. In the event if the petitioner surrenders on or before 28-7-2025, the learned trial court shall accept his bail bonds on the same terms and conditions as recorded in the order dated 14-2-2025 in Cr. Misc No. 89392 of 2024.

5.

The order dated 14-2-2025 in Cr. Misc No. 89392 of 2024 is modified to the extent indicated above. (Satyavrat Verma, J) Sumit/- U T