Patna High Court
Santu Kumar @ Amrit RajversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied bail to the petitioner.
Summary
The petitioner, Santu Kumar, was arrested on 18 August 2025 and charged with several offences under the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail after the charge was framed. The State opposed the bail, citing a recent similar bail application (Cr. Misc. No. 28119 of 2026) that had been rejected. The court, after hearing both sides, found the petitioner unable to rebut the State's submission and declined to grant bail. The court ordered the trial court to avoid unnecessary adjournments and allowed the petitioner to renew his bail plea if the trial is not concluded within four months of the order, provided the delay is not his fault. The bail application was therefore dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail for the offences charged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the precedent of a similar bail application being rejected should influence the current bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 117(2), 118(1), 126(1), 126(2), 324(4), 324(5), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- trial adjournments
- multiple offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29603 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- TEKARI District- Gaya
======================================================
Santu Kumar @ Amrit Raj S/O Ramashish Prasad Yadav R/O - Mahmana,
P.S- Tekari, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Kumar
For the Opposite Party/s : Mr.Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned A.P.P.
for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 126(1), 126(2), 115(2), 118(1),
117(2), 109, 324(4), 324(5), 103 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. Learned counsel for the petitioner submits that the
petitioner is in custody since 18.08.205.
4. Learned counsel for the informant submits that
petitioner has moved this Court seeking regular bail in terms of
liberty granted to him for renewing his prayer for bail after framing
of charge but then in similar manner Pramod Kumar and another had
also approached this Court seeking regular bail in terms of liberty
granted by filing Cr. Misc. No. 28119 of 2026 and the same came to
be rejected vide order dated 08.05.2026.
5. Learned A.P.P. for the State concur with the submission
Patna High Court CR. MISC. No.29603 of 2026(2) dt.08-05-2026
2/2
made by learned counsel appearing on behalf of the informant.
6. The learned counsel appearing on behalf of the
petitioner is not in a position to rebut the said submission.
7. After hearing learned counsel for the parties and taking
into consideration the order dated 08.05.2026 in Cr. Misc. No. 28119
of 2026, the Court is not inclined to release the petitioner on bail.
8. Accordingly, the application stands rejected.
9. However, it is directed that the learned trial court shall
ensure that no unnecessary adjournments are given in the trial as it
has been submitted by learned counsel appearing on behalf of
informant that informant will produce the witnesses as and when
directed by learned trial court. It is further made clear that if the trial
is not concluded within four months from the date of
receipt/production of the order for no fault of the petitioners, the
petitioners would be at liberty to renew their prayer for bail.
10. Let a copy of this order be sent to the learned District
Judge, Gaya for its onward communication to the concerned court,
District Magistrate and Senior Superintendent of Police.
(Satyavrat Verma, J)
Ranjeet/-
U T
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