Patna High Court
Santosh Rajaram Mohite @ Santosh Rajaram Mahite @ Santosh MahiteversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Santosh Rajaram Mohite, sought bail in a theft case (Vishnupad P.S. Case No.32 of 2025) charged under Sections 334(1), 303(2) and 3(5) of the BNS. The prosecution alleged that unknown miscreants stole jewellery and that the petitioner’s name appeared in the confessional statement of co‑accused Md. Raja, though no material was recovered from the petitioner. The petitioner argued that the FIR was lodged against unknown persons, that only the co‑accused’s confession implicated him, and that he had been in custody since 19‑01‑2026. The State opposed bail, highlighting the petitioner’s 13 prior criminal cases. After hearing both sides, the court granted bail with conditions of cooperation, regular appearance before the trial court, weekly attendance at Imamganj P.S., and a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his criminal antecedent.
- Whether the confessional statement of the co‑accused is sufficient to justify denial of bail.
- Whether the conditions imposed by the court are appropriate for the grant of bail.
Legislation cited
- BNS — s. 303(2), 334(1), 3(5)
Subjects
- bail
- criminal antecedent
- confessional statement
- theft
- Sections 334(1) BNS
- Sections 303(2) BNS
- Section 3(5) BNS
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19764 of 2026
Arising Out of PS. Case No.-32 Year-2025 Thana- VISHNUPAD District- Gaya
======================================================
Santosh Rajaram Mohite @ Santosh Rajaram Mahite @ Santosh Mahite S/o
Rajaram Mahite @ Rajaram Mohite R/o Village - Chowk Tower, P.S- Gaya
Kotwali, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Vishnupad P.S. Case No.32 of 2025 registered for the
offence punishable under Sections 334(1), 303(2) and 3(5) of
the BNS.
3. The case of the prosecution, in short, is that
unknown miscreants have committed theft in the jewellery shop
of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the FIR was lodged against
unknown miscreants. During course of investigation, Md. Raja
was apprehended and he has given his confessional statement.
The name of this petitioner has surfaced in the confessional
Patna High Court CR. MISC. No.19764 of 2026(2) dt.25-03-2026
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statement of the co-accused Md. Raja. Save and except the
confessional statement of the co-accused, there is nothing
against the petitioner. No recovery has been made from the
possession of this petitioner. Learned counsel for the petitioner
has further submitted that co-accused Md. Raja has been granted
bail by the learned Co-ordinate Bench of this Coourt vide Cr.
Misc. No. 11676 of 2026. Learned counsel for the petitioner has
further submitted that the petitioner is in custody since
19.01.2026.
5. The application for bail is opposed by learned APP
for the State. It has further been submitted that as far as
criminal antecedent of petitioner is concerned, petitioner is
having criminal antecedent of 13 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 co-operate in the trial; shall remain
physically present in the trial court whenever required and
shall also mark his weekly attendance at Imamganj P.S. 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
Patna High Court CR. MISC. No.19764 of 2026(2) dt.25-03-2026
3/3
the court of learned Additional Chief Judicial Magistrate-VI,
Gaya Ji, in connection with Vishnupad P.S. Case No.32 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
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