Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court ordered that the petitioner be enlarged on regular bail on furnishing a bail bond of Rs.10,000 with two sureties.
Summary
Santosh Kumar applied for regular bail in a case registered under sections 308(2) and 308(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that three of the informant's employees were abducted and extorted. The prosecution’s FIR alleged that unknown accused threatened the informant to pay a commission. The petitioner argued that the FIR was lodged against unknown persons and that his name appeared only in the confessional statements of co‑accused, with no incriminating material recovered from him. The trial court had previously enlarged bail to the co‑accused whose statements mentioned the petitioner. Considering the lack of seized evidence, the petitioner’s prolonged custody since 3 January 2026, and the material from the investigation, the High Court granted regular bail on a bond of Rs.10,000 with two sureties. The order directs the bail bond to be satisfied before the Judicial Magistrate of Jehanabad.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner given the allegations under sections 308(2) and 308(5) of the Bharatiya Nyaya Sanhita?
- Does the inclusion of the petitioner’s name in co‑accused confessional statements, without any seized incriminating article, justify denial of bail?
- Is the duration of the petitioner’s pre‑trial custody a factor favoring bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 308(2), 308(5)
Subjects
- regular bail
- sections 308
- Bharatiya Nyaya Sanhita
- confessional statement
- extortion
- kidnapping
- high court
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35768 of 2026
Arising Out of PS. Case No.-42 Year-2025 Thana- SAKURABAD District- Jehanabad
======================================================
Santosh Kumar Son of Suresh Yadav Resident of Village- Mohmanna, P.S.-
Tekari, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chandni Kumari, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-06-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Shakurabad P.S. Case
no. 42 of 2025 registered under sections 308(2) and 308(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that three of his employees working in the brick kiln were taken
away by three unknown accused persons on their Scorpio
vehicle and were told to tell their employer i.e. the informant
herein to pay the commission or else to close down the brick
kiln. Threats were given by them that if the amount is not paid,
the consequences will be bad.
4. Learned counsel for the petitioner submits that the FIR
was registered against unknown. Referring to the order of the learned
Patna High Court CR. MISC. No.35768 of 2026(2) dt.04-06-2026
2/3
trial Court, it is submitted that the petitioner was falsely implicated in
the case in course of investigation because of his antecedents in the
alleged confessional statement of co-accused made before police. It
is submitted that the name of the petitioner is said to have transpired
in the confessional statement of co-accused Ramashish Yadav and
one Randhir Saw who have both been enlarged on bail vide order
dated 26.5.2025 passed in Cr. Misc. no.32840 of 2025 and order
dated 18.6.2025 passed in Cr. Misc. no. 36834 of 2025. No
incriminating article has been recovered from the petitioner’s
possession and he is in custody since 3.1.2026. Chargesheet has been
submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the material that has transpired in course of
investigation as evident from the order of the learned trial Court,
grant of bail to both the co-accused on whose confessional
statement before the police the name of the petitioner transpired,
no incriminating article having been recovered from the
petitioner’s possession and the petitioner being in custody since
3.1.2026, the Court directs the petitioner to be enlarged on bail in
Patna High Court CR. MISC. No.35768 of 2026(2) dt.04-06-2026
3/3
connection with Shakurabad P.S. Case no. 42 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 Judicial
Magistrate 1st Class, Jehanabad.
(Partha Sarthy, J)
sauravkrsinha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.