Patna High Court – Orders
Santosh Kumar Pandey @ Santosh Pandey vs The State Of Bihar on 22 August, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42520 of 2025
Arising Out of PS. Case No.-251 Year-2024 Thana- GOVINDGANJ District- East
Champaran
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Santosh Kumar Pandey @ Santosh Pandey, S/o Rameshwar Pandey, Resident
of Village- Mishrauliya Dah, P.S.- Govindganj, Distt-East Champaran, Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner/s : Ms. Swarnima, Advocate
Mr. Saurabh Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 22-08-2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Govindganj P.S. Case No.251 of 2024 registered for the
offences punishable under Sections 147, 148, 447, 341, 232,
325, 307, 354-B, 379, 504 and 506 of the Indian Penal Code
(in short ‘IPC‘).
3. The accused/petitioner is named in the FIR and is
in custody since 16.04.2025.
4. Allegation against the petitioner is to assault
uncle of informant along with other co-accused persons
causing head and bodily injuries, where assault was caused
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with intention to cause death of uncle of the informant. The
occurrence as per FIR alleged to be arising out of land
dispute.
5. It is submitted by learned counsel appearing for
petitioner that the allegation against petitioner as per FIR is
to assault the uncle of informant on his head by using farsa
which is a sharp-edged weapon. It is pointed out that if it is
so, then the injuries which alleged to be inflicted by the
petitioner must be of incised in nature in ordinary course but,
upon medical examination, same found lacerated, creating a
doubt qua allegation. It is submitted that the alleged assault is
single without having any intervening circumstances, which
further suggest that petitioner was not under intention to
cause death. In this context, it is further submitted that
several factors be taken into consideration to make out a
prima facie case under Section 307 of IPC like pre and post
conduct of occurrence, nature of weapons, manner of assault
etc. and in support of submission, learned counsel has relied
upon the legal report of Hon’ble Supreme Court as available
through Jage Ram vs. State of Haryana & Ors. [(2015)
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11 SCC 366]. While concluding argument, it is submitted that
investigation of this case is already completed, for which,
charge-sheet has been submitted and, as such, there is no
chance of tampering with the evidence and moreover
petitoiner found involved in two more criminal cases with
same informant side.
6. Learned APP while opposing the prayer for bail
submitted that as per FIR the specific allegation as to assault
on the head of uncle of informant is available against
petitioner.
7. Let it be so, as prima facie assault as alleged to
be caused by petitioner appears non-repeated, without having
any intervening circumstances, coupled with the fact that
investigation of this case is already completed, where
petitioner remains in custody since 16.04.2025, accordingly,
the petitioner, above-named, is directed to be released on bail
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.C.J.M.-1st, East Champaran, Motihari in
connection with Govindganj P.S. Case No.251 of 2024,
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subject to the conditions as laid down under Section 437(3) of
the Code of Criminal Procedure (for short ‘CrPC‘)/under
Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for
short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T