Patna High Court
Santu Kumar @ Santu PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that the petitioner is entitled to regular bail on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Santu Kumar, was arrested in connection with an alleged attempt to steal a motorcycle and charged under sections 303(2), 317(2), 334(1), 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. He claimed that he was falsely implicated and that no theft attempt on his part occurred. He had been in custody since 22 September 2025, amounting to seven months of pre‑trial detention. The State opposed his application for regular bail. Considering the nature of the allegations, the length of custody, and the petitioner's claim of false implication, the Court ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Lakhisarai.
Issues considered
- Whether the petitioner is entitled to regular bail under the provisions of the Bhartiya Nyaya Sanhita, 2023 for the offences alleged.
- Whether the length of pre‑trial detention and the nature of the allegations justify the grant of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 317(5), 334(1), 3(5)
Subjects
- regular bail
- pre‑trial detention
- theft
- false implication
- criminal procedure
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29302 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
Santu Kumar @ Santu Pandit S/o Suresh Pandit Resident of Village -
Hardiya, P.S. - Rajauli, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ramgarh Chowk P.S.
Case no.174 of 2025 registered under sections 303(2), 317(2),
334(1), 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, while two persons
were making an attempt to steal a motorcycle, on hulla being
raised by the informant, the petitioner was caught while the
other accused managed to escape.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No such
occurrence as alleged in the FIR ever took place. The petitioner
was not making any attempt to steal the motorcycle. He is in
custody since 22.9.2025 and chargesheet has been submitted in
Patna High Court CR. MISC. No.29302 of 2026(2) dt.07-05-2026
2/2
the case.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR together with the petitioner having
remained in custody for seven months since 22.9.2025, the
petitioner is directed to be enlarged on bail in connection with
Ramgarh Chowk P.S. Case no.174 of 2025 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 Chief
Judicial Magistrate, Lakhisarai.
(Partha Sarthy, J)
Shiv/-
U T
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