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Patna High Court

Santosh Patel @ Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Summary

The petitioner, Santosh Patel, sought anticipatory bail fearing arrest in a case involving alleged offences under Sections 317(2), 318(4), 336(3) and 3(5) of the B.N.S. The prosecution’s case relied on two stolen Bolero vehicles recovered from co‑accused and the petitioner’s name being mentioned in a confessional statement of co‑accused Brajesh Pandey. The petitioner argued that the confessional statement had no evidentiary value, no stolen article was found in his possession, he is not the owner of the vehicles, and he has no prior criminal record. The court noted that similarly situated co‑accused had already been granted anticipatory bail and that the petitioner’s implication rested solely on the confessional statement. Consequently, the court ordered that the petitioner be released on anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and the conditions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S., to be filed within four weeks of the order.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail when his alleged involvement is based solely on a co‑accused’s confessional statement.
  • Whether the grant of anticipatory bail to similarly situated co‑accused warrants the same relief to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • stolen vehicle
  • Criminal Procedure Code
  • B.N.S.
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.25371 of 2026
                  Arising Out of PS. Case No.-211 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Santosh Patel @ Santosh Kumar S/O Dhruv Patel @ Dhrup Raut R/O Village-
                 Hasuhan, P.S.-Harsidhi, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Rajesh Kumar, Advocate
                                                  Mr. Rahbar Haq, Advocate
                 For the State           :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   01-05-2026                    Heard Mr. Rahbar Haq, on behalf of the petitioner and

                   learned APP for the State.

                                  2. The petitioner is apprehending his arrest in

                   connection with Harsidhi P.S. Case No. 211 of 2025 in a case

                   registered for the offence punishable under Sections 317(2),

                   318(4), 336(3), 3(5) of the BNS.

                                  3. As per the prosecution case, two stolen Bolero

                   vehicles have been recovered from the possession of co-accused

                   persons and on demand of papers, they failed to produce any

                   valid documents before the police.

                                  4. Learned counsel for the petitioner submits that the

                   name of the petitioner has transpired on the basis of

                   confessional statement made by the apprehended co-accused
Patna High Court CR. MISC. No.25371 of 2026(2) dt.01-05-2026
                                            2/3




          Brajesh Pandey which has got no evidentiary value. It has

          further been submitted that no stolen article has been recovered

          from the personal or conscious possession of the petitioner and

          he is also not the owner of the alleged vehicle. Further, the

          petitioner has got no criminal antecedent and the similarly

          situated co-accused persons have been granted privilege of

          anticipatory bail vide order dated 16.01.2026 and 30.01.2026

          passed in Cr. Misc. No. 91653 of 2025 and 5021 of 2026

          respectively by a co-ordinate Bench of this Court.

                       5.    Learned APP for the State has opposed the

          application for anticipatory bail.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and also considering the fact that the name of the

          petitioner transpired on the basis of confessional statement of

          co-accused and similarly situated co-accused persons have been

          granted privilege of anticipatory bail, let the above named

          petitioner, in the event of his arrest or surrender before the

          learned Court below within a period of four weeks from today,

          be enlarged on bail on furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned court below where the

          case is pending/successor court in connection with Harsidhi P.S.
             Patna High Court CR. MISC. No.25371 of 2026(2) dt.01-05-2026
                                                         3/3




                       Case No. 211 of 2025, subject to the condition as laid down

                       under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
priyanka/-

U      T


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