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Patna High Court

Santu Kumar @ Santu PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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