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Patna High Court

Santosh Kumar @ SonuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

In the absence of any material linking the petitioner to the alleged offences and considering his claim of kidnapping and lack of antecedents, the court held that bail should be granted upon furnishing a bond.

Summary

Santosh Kumar was arrested in connection with a case alleging that he masterminded a job‑fraud scheme, collecting large sums of money from victims under sections 318(4), 316(2), 319(2), 315 and 61(2) of the Bharatiya Nyaya Sanhita. The prosecution claimed he received money from intermediaries Nishant and Anuj and was the chief architect of the fraud. The petitioner contended that he was kidnapped by the same intermediaries, framed for the offences, had no criminal antecedent and worked in a hotel with no link to the alleged transactions. He filed a bail application, asserting that the allegations were baseless and that he had been in judicial custody since 10 January 2026. After hearing both sides, the court noted the lack of material connecting the petitioner to the crimes and his claim of being a captive, and therefore ordered that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita.
  • Whether the prosecution’s allegations constitute sufficient ground to deny bail.
  • Whether the petitioner’s claim of being kidnapped and framed affects the bail decision.

Legislation cited

Subjects

  • bail
  • kidnapping
  • extortion
  • job fraud
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17224 of 2026
                    Arising Out of PS. Case No.-22 Year-2026 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Santosh Kumar @ Sonu S/o Sri Suvendra Singh Resident of - Korari, Police
                 Station - Nagarnausa, District - Nalanda

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rama Kant Jha, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Buddha Colony P.S. Case No.22 of 2026 registered for

                   the offence punishable under Sections 318(4), 316(2), 319(2),

                   315 & 61(2) Bharatiya Nyaya Sanhita.

                                3. The case of the prosecution, in short, is that the

                   informant has given Rupees Three Lakh to one Nishant to

                   arrange a job. When the informant demanded the cash, he was

                   being called at Vishveshwaraiya Bhawan, Patna. As the

                   informant was scared of going there alone, he went there with

                   some other person who disclosed him that Nishant and one

                   Anuj has taken various amount from them for arranging job.
Patna High Court CR. MISC. No.17224 of 2026(2) dt.23-03-2026
                                            2/3




          When they were demanding the cash, police arrived there and

          he came to know that Anuj and Nishant have collected heavy

          sum and have handed it over to the petitioner. It has been

          submitted that the petitioner is the master mind and he has

          taken crores from many persons for arranging job.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that the petitioner was being

          kidnapped which is apparent from Annexure-P/2 and that case

          was filed by the brother of the petitioner on 07.01.2026. This

          case was filed on 09.01.2026. It has further been submitted

          that as the petitioner was made a captive of Anuj and Nishant,

          they have levied all the allegations against the petitioner

          regarding collecting the cash for job. Learned counsel for the

          petitioner has further submitted that the petitioner works in a

          Hotel and there is no any material to connect the petitioner

          with the transactions alleged by the informant. Learned

          counsel for the petitioner has further submitted that not a

          single penny has been received by the petitioner rather he

          himself was being kidnapped and has been framed in this

          case. Learned counsel for the petitioner has further submitted

          that the petitioner is having no criminal antecedent and he is

          in judicial custody since 10.01.2026.
            Patna High Court CR. MISC. No.17224 of 2026(2) dt.23-03-2026
                                                        3/3




                                   5. The application for bail is opposed by learned

                      APP for the State and he submits that the allegation is against

                      Nishant and Anuj and they have stated that Santosh

                      (petitioner) is the master mind.

                                   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

                      A.C.J.M.-XIV, Patna Sadar, District-Patna in connection with

                      Buddha Colony P.S. Case No.22 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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