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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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