Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Santosh Kumar was arrested in connection with a robbery‑and‑shooting incident on a train, alleged to have violated several sections of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution alleged that miscreants snatched his bag, shot an informant, and fled with the bag. The petitioner claimed innocence, stating the FIR was against unknown persons, that only confessional statements of co‑accused and himself existed, no material was recovered, and he had no prior criminal record, having been in custody since 9 October 2025. The State opposed bail, but the Court, after hearing both sides, found the circumstances warranted bail. The Court ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences charged under the B.N.S., 2023 and the Arms Act.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 118(2), 127(2), 310(2), 311, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- serious offences
- Arms Act
- confessional statement
- police custody
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13566 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- BARH RAIL P.S. District- Patna
======================================================
Santosh Kumar Son of Late Brijnandan Prasad Resident of village -
Jamunichak ward No .08, Police Station - Barh, , District - patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Upadhyay, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Barh Railway P.S. Case No. 61 of 2025 registered for the
offence punishable under Sections 310(2), 311, 109, 118(2),
127(2), 61(2), 3(5) of the B.N.S., 2023 and Section 27 of the
Arms Act.
3. The case of the prosecution, in short, is that as the
petitioner was boarding the train, 4-5 persons started snatching
his bag, which contained cash. When the informant gave the
bag, they fired. The informant received a gunshot injury in his
right thigh and after that the miscreants took the bag and went
away.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.13566 of 2026(2) dt.19-03-2026
2/3
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the FIR was lodged against unknown
miscreants. During the course of investigation, Arjun and
Shivan have given their confessional statement in which they
have named this petitioner and the petitioner himself has also
given his confessional statement. He also submits that nothing
has been recovered from the possession of this petitioner. Save
and except the confessional statement of co-accused and of the
petitioner, there is nothing against him. Moreover, a statement
has been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 09.10.2025.
5. The application for bail is opposed by learned APP
for the State.
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. 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 sureties
of the like amount each to the satisfaction of the learned
Railway Judicial Magistrate, Railway, Patna in connection with
Patna High Court CR. MISC. No.13566 of 2026(2) dt.19-03-2026
3/3
Barh Railway P.S. Case No. 61 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.