Patna High Court
SANTOSH KUMAR RAMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted bail to the petitioner with conditions.
Summary
Santosh Kumar Ram was in judicial custody for offences under Sections 341, 307, 325, 326A, 354 and 34 of the IPC, stemming from an alleged acid attack on the husband of informant Mona Devi. The prosecution alleged that the petitioner, a neighbour, made indecent proposals and later, with an accomplice, threw acid causing serious injuries. The petitioner’s counsel argued that key witnesses could not positively identify him and that the informant and the injured husband had not been examined, seeking bail. The State opposed bail, citing the seriousness of the offences and the petitioner’s alleged criminal antecedents. Considering the petitioner’s undertaking to appear regularly, not tamper with evidence, and not commit further offences, the Court granted bail with a bond of Rs.10,000 and several strict conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences alleged under the IPC.
- Whether the lack of direct identification by witnesses and non‑examination of the informant and injured party justify bail.
Legislation cited
- Indian Penal Code — s. 307, 325, 326A, 34, 341, 354
Subjects
- bail
- acid attack
- IPC
- judicial custody
- witness identification
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42375 of 2025
Arising Out of PS. Case No.-155 Year-2024 Thana- KISHANGANJ District- Kishanganj
======================================================
SANTOSH KUMAR RAM S/o GYANI RAM R/O MOH-RAVIDAS
COLONY, UTTAR THAKURBARI, WARD NO-07, PO-KISHANGANJ,
PS-KISHANGANJ, DIST-KISHANGANJ
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mona Devi w/o- Ajay Sah @ Tapai Sah, Tati Basti ward No.-06, Gajarnath
Chook, P.S.-Kishanganj, Distt.-Kishanganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Kumar Singh, Advocate
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 13-02-2026 Heard the parties.
2. The petitioner is in judicial custody in connection
with Sessions Trial No. 172 of 2024 arising out of Kishanganj
PS. Case No. 155 of 2024 for the offences punishable under
Sections 341, 307, 325, 326A, 354 and 34 of the IPC, lodged on
24.07.2024 by the informant, Mona Devi.
3. As per the prosecution story, the informant, the wife
of the injured alleged that the petitioner who is her neighbour
used to call and make indecent proposals with further
threatening to face dire consequences if his overtures are not
accepted. This led to the complaint before the police by her
husband on 31.07.2024. Allegation is that, infuriated by that, he
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along with his friend came and threw acid on her husband
causing serious injuries causing face/eyes. He was rushed to
MGM Medical College but later shifted to Siliguri for better
treatment. This led to the FIR/arrest.
4. Learned counsel for the petitioner with the help of
supplementary affidavit submits that some of the witnesses who
appeared have not recognized the petitioner as the person who
threw the acid. The submission is that though the informant and
her husband (injured) have not been examined, the consistent
view is that the other witnesses have not seen the face of the
accused. Further, if granted bail, he shall be diligently
appearing in trial without fail and undertakes not to indulged in
any criminal activity.
5. Learned APP opposes the prayer submitting that not
only the informant has made allegation against the petitioner, he
has number of criminal antecedent which shows his criminal
attitude.
6. Taking into account the submissions of the parties
as also the undertaking that the petitioner has given that he shall
not indulged in any criminal activity and shall be diligently
appearing in trial, he is in custody since 15.05.2024, the trial has
still not concluded, in that background, this Court is inclined to
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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) with two sureties of
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Kishanganj, in connection with Sessions Trial No.
172 of 2024 arising out of Kishanganj PS. Case No. 155 of 2024
subject to the following conditions:
(i) one of the bailor should be the family member of
the petitioner who shall provide official document (Aadhar
Card/Driving License/Voter ID/Pan Card etc.) to show his 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 till conclusion of the trial to mark
his attendance and at the end of the period a certificate be
submitted before the Trial Court failing which the State shall be
at liberty to take steps for cancellation of bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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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)
Ravi/-
U T
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