Patna High Court
Surdas @ Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, having regard to the petitioner’s clean antecedent and the precedent of bail being granted to similarly situated co‑accused, bail could be granted notwithstanding the gravity of the murder charge.
Summary
Surdas @ Pintu Kumar was arrested in connection with a murder case (IPC §§302/34) alleged to be motivated by an inter‑caste marriage. He applied for bail, claiming a clean antecedent and that the FIR was fabricated, with no eyewitness and only a co‑accused’s confessional statement linking him to the crime. The prosecution opposed bail, relying on that confessional statement. The court noted the petitioner’s clean record and that two similarly situated co‑accused had previously been granted bail by a coordinate bench. Considering these factors, the court ordered bail on a Rs.10,000 bond with two sureties and imposed conditions for cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to an accused in a murder case under IPC §§302/34 given the circumstances of a clean antecedent and prior bail to co‑accused.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- inter‑caste marriage
- clean antecedent
- confessional statement
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78857 of 2025
Arising Out of PS. Case No.-1465 Year-2023 Thana- DANAPUR District- Patna
======================================================
Surdas @ Pintu Kumar Son of Jawahar Mahto Resident of Mohalla-
Mainpura, P.S.- Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
For the Informant : Mr. Ravi Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Akash Kumar Mishra, learned counsel for
the petitioner, Mr. Ravi Raj, learned counsel for the informant
and Mr. Sanjay Kumar Tiwary, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.05.2025 in connection with Danapur P.S. Case No. 1465 of
2023, F.I.R. dated 23.11.2023 for the offences punishable under
Sections 302/34 of the IPC.
3. According to prosecution case, this petitioner along
with other accused persons have killed the son of the informant
because he has done inter caste marriage.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. It appears from the F.I.R
itself that the informant is not the eye witness of the alleged
occurrence and even no one has seen the occurrence and except
the confessional statement of the co-accused person, nothing has
come during investigation which suggest the involvement of the
petitioner in the present occurrence. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. He further submits that similarly situated, co-accused,
namely, Akhilesh Singh has been granted bail by a co-ordinate
Bench of this Court vide order dated 04.12.2024 passed in Cr.
Misc. No. 82598 of 2024 and another co-accused, namely,
Randhir Kumar @ Randheer Kumar has also been granted bail
by a Co-ordinate Bench of this Court vide order dated
18.10.2024 passed in Cr. Misc. No. 35169 of 2024. The
petitioner is in custody since 24.05.2025.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner and submits that it has come
during investigation and on the basis of confessional statement
of the co-accused that the petitioner along with other accused
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persons have killed the victim.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and the similarly situated
co-accused persons have been granted bail by a Co-ordinate
Bench of this Court, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned ACJM-I, Danapur, Patna in connection with
Danapur P.S. Case No. 1465 of 2023, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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