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Patna High Court

Santosh Kumar @ Santosh PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

Santosh Kumar was charged under IPC sections 341, 323, 307, 506 and Section 27 of the Arms Act for allegedly shooting a victim and causing firearm injury. He had been in custody since July 5, 2024 and his earlier bail application was rejected. The petitioner claimed he was falsely implicated, argued that the trial had not progressed and only a few witnesses had been examined, and offered to cooperate with the trial. The State opposed the bail. The Court, after considering the facts, allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate fully with the trial, failing which bail would be cancelled.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the seriousness of the offences and prior denial of bail
  • Whether the lack of trial progress and alleged false implication justify bail

Legislation cited

Subjects

  • bail
  • regular bail
  • IPC
  • Arms Act
  • false implication
  • trial delay
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2903 of 2026
                       Arising Out of PS. Case No.-38 Year-2024 Thana- DUMARIYA District- Gaya
                 ======================================================
                 Santosh Kumar @ Santosh Prasad S/O Late Jagdish Prasad @ Jagdish Mahto
                 R/O Vill.- Sidhapur, P.S.-Dumariya, Dumariya, Dist.- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kamlendra Prasad Singh, Advocate
                 For the Opposite Party/s :      Mr.Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                  Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection Dumariya P.S. Case No. 38 of 2024

                   registered for the offence under Sections 341, 323, 307, 506 of

                   Indian Penal Code and Section 27 of Arms Act. Earlier the bail

                   application of the petitioner was rejected vide order dated

                   19.02.2025 passed in Cr. Misc. No. 9091 of 2025.

                                3. As per the prosecution case, petitioner is the

                   assailant of the injured. He shot at the injured causing fire arm

                   injury on his chest. Petitioner has two criminal antecedents.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submits that though the petitioner is in

                   custody since 05.07.2024 for causing fire arm injury to the
              Patna High Court CR. MISC. No.2903 of 2026(2) dt.12-02-2026
                                                          2/2




                        victim. Learned counsel next submits that the trial has not

                        progressed and out of eight witnesses only some witnesses have

                        been examined. The petitioner undertakes to co-operate in the

                        case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the aforesaid facts, this application for

                        regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned District and Additional Sessions

                        Judge-II,      Sherghati       (Gaya)/concerned     Court   below   in

                        connection with Dumariya P.S. Case No. 38/2024 subject to the

                        following conditions:-

                                            (i) the petitioner after being released on bail is
                                    directed to co-operate in the trial either by appearing
                                    personally or through his lawyer in the Trial Court on
                                    each and every date fixed by the trial Court. Non-
                                    compliance of the condition will result in cancellation of
                                    the bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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