Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67883 of 2025 Arising Out of PS. Case No.-250 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Santosh Kumar Son of Gajendra Sahani @ Gajindra Sahni Resident of Village - Phular, P.S.- Motipur, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the State :
Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-09-2025 Heard the parties.
2. The petitioner is in custody in connection with Kalyanpur P.S. Case No. 250 of 2024 for the offence punishable under sections 306(6) of the Bharatiya Nyaya Sanhita, lodged on 01.08.2024 by the informant, Ankit Kumar Singh.
3. As per the prosecution story, the informant alleged that while coming home, two persons on motorcycle on the point of pistol, looted away the motorcycle, laptop, mobile phone, PAN Card, Aadhar Card, ATM Card and cash. This led to the F.I.R.
4. Learned counsel for the petitioner submits that he has already remained in custody for more than a year, if granted relief, shall be diligently appearing in trial.
5. Learned APP opposes the prayer for bail.
Patna High Court CR. MISC. No.67883 of 2025(2) dt.26-09-2025 2/3
6. Considering the submissions of the parties as also that he has remained in custody for more than a year and an undertaking has been given that he shall be diligently appearing in trial, this Court is inclined to extend him the privilege of bail.
7. 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 4th Additional Chief Judicial Magistrate, East Champaran, Motihari, in connection with Kalyanpur P.S. Case No. 250 of 2024 subject to the following conditions:
(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 six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court;
(iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.67883 of 2025(2) dt.26-09-2025 3/3 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