Patna High Court
Santosh Kumar @ Santosh BakariyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with conditions of regular police attendance, trial cooperation, and a Rs.10,000 bail bond with two sureties.
Summary
Santosh Kumar was arrested in connection with a robbery of Rs. 25.44 lakh from Axis Bank, Barbigha, alleged under Section 309(4) of the B.N.S., 2023. He claimed innocence, stating that the FIR named unknown miscreants and that his name appeared only in a co‑accused’s confessional statement, with no material recovered from him. The petitioner argued that a similarly situated co‑accused had already been granted bail and that he had been in judicial custody since 24‑01‑2025. The State opposed bail, citing twelve prior criminal cases against the petitioner. After hearing both sides, the Court found the circumstances warranted bail, subject to weekly police attendance, cooperation with the trial, and presence on all court dates, and ordered a bail bond of Rs.10,000 with two sureties.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail under Section 309(4) of the B.N.S., 2023?
- Does the petitioner’s alleged involvement, prior criminal antecedents, and the nature of the offence preclude bail?
Legislation cited
- B.N.S., 2023 — s. 309(4)
Subjects
- bail
- Section 309(4) B.N.S.
- criminal antecedent
- false implication
- confessional statement
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1113 of 2026
Arising Out of PS. Case No.-177 Year-2024 Thana- BARBIGHA District- Sheikhpura
======================================================
Santosh Kumar @ Santosh Bakariya Son of Sabha Ray Resident of- Kagji
Mohalla Mitan Chak, P.S.- Danapur, District- Patna, At present Resident of
Danapur Cantt., Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Anjali Kumari, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sessions Trial No. 119 of 2025, I.A. No. 03/2025 arising
out of Barbigha P.S. Case No. 177 of 2024 registered for the
offence punishable under Section 309(4) of the B.N.S., 2023.
3. The case of the prosecution in short is that
unknown miscreants have looted altogether Rs. 25,44,275/-
from Axis Bank, Barbigha branch on the gunpoint.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that the FIR
Patna High Court CR. MISC. No.1113 of 2026(3) dt.05-02-2026
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was lodged against unknown miscreants. Nothing has been
recovered from the possession of this petitioner. He also submits
that the name of this petitioner has surfaced during the course of
investigation in the confessional statement of co-accused person
namely, Ghanshyam Bharti @ Chhotan. He also submits that no
TIP has been conducted. He further submits that similarly
situated co-accused person namely, Ghanshyam Bharti @
Chhotan has already been granted bail by the learned coordinate
bench of this court in Cr. Misc. No. 72063 of 2025. Moreover,
petitioner is languishing in judicial custody since 24.01.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of twelve cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall mark his attendance weekly at
Danapur P.S. and cooperate in the trial and shall remain
physically present on each and every date fixed by the
learned trial court, till the conclusion of the trial. The above
named petitioner is directed to be enlarged on bail on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) with two
Patna High Court CR. MISC. No.1113 of 2026(3) dt.05-02-2026
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sureties of the like amount each to the satisfaction of the learned
Principal District & Sessions Judge, Sheikhpura in connection
with Sessions Trial No. 119 of 2025, I.A. No. 03/2025 arising
out of Barbigha P.S. Case No. 177 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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