Patna High Court

Santu Kumar @ Sintu KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The High Court granted bail to the petitioner subject to bond and sureties under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Santu Kumar, sought relief fearing arrest in connection with FIR No.533/2025 alleging assault and theft. He claimed he merely tried to pacify a fight and was falsely implicated by the informant, while co‑accused had already obtained anticipatory bail. The State opposed any bail, arguing the seriousness of the offences listed under the BNS. The Court examined the facts, the petitioner’s clean record, his willingness to cooperate, and the precedent of bail for co‑accused. It held that bail could be granted to ensure the petitioner’s liberty while the investigation proceeds. Accordingly, the Court ordered bail upon arrest or surrender within six weeks, subject to a Rs 10,000 bond and two sureties, under Section 482(2) of the CrPC.

Issues considered

Whether the petitioner is entitled to bail/anticipatory bail under the inherent powers of the High Court (Section 482 CrPC) given the nature of the allegations.
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

anticipatory bail
bail
Section 482 CrPC
assault
theft
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80095 of 2025
                       Arising Out of PS. Case No.-533 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
                 Santu Kumar @ Sintu Kumar S/o Sanjay Bind R/o Village- Sonkukara, P.S-
                 Masaurhi, Dist- Patna                                  ... ... Petitioner/s
                                               Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheonandan Pandit, Advocate
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   08-01-2026                       Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection with

                   Masaurhi P.S. Case No.533 of 2025 instituted under Sections 191(2),

                   190, 126(2), 115(2), 118(1), 117(2), 303(2), 352, 351(2) and 3(5) of

                   the BNS.

                                3. As per the prosecution case, the co-accused persons

                   including the petitioner taking knife, iron rod and sharp weapons

                   started abusing the informant. It is alleged that co-accused Vikash

                   Kumar assaulted the informant with knife, co-accused Futi Kumar

                   assaulted him on the back with iron rod and the petitioner hit him on

                   the face with an iron claw in his hand. It is further alleged that co-

                   accused Futi Kumar taken away Rs.1500/-, his mobile and gold

                   locket from the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this case. He

                   further submits that the informant stopped the motorcycle of the co-
           Patna High Court CR. MISC. No.80095 of 2025(3) dt.08-01-2026
                                                       2/2




                     accused Vikash Kumar and a fight broke out between the parties, the

                     petitioner had tried to pacify the matter, thereafter, the informant

                     lodged the FIR implicating the petitioner with ulterior motive. He

                     submits that co-accused Vikash Kumar and Futi Kumar have already

                     been granted the privilege of anticipatory bail by the learned Court

                     concerned. He further submits that petitioner is a young boy aged

                     about 20 years having no criminal antecedent and he undertakes to

                     cooperate in the investigation and trial.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail.

                                  6. Considering the facts and circumstances of the case and

                     submissions of learned counsel for the parties, in the event of arrest

                     or surrender before the Court below within six weeks from today, the

                     petitioner be released on bail upon furnishing bail bonds of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount to each to the satisfaction of the learned S.D.J.M., Masaurhi

                     in connection with Masaurhi P.S. Case No.533 of 2025, subject to the

                     conditions laid down in Section 482(2) of the BNSS.



                                             (Sunil Dutta Mishra, J)
AjayMishra/-

U      T

Continue reading with your account

Checking your session…