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Patna High Court

Santu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, finding the evidence insufficient to justify continued detention.

Summary

The petitioner, Santu Kumar, was arrested in connection with a case (PS Salimpur Case No. 271 of 2025) alleging that six unknown persons snatched an informant’s tempo key and mobile on gunpoint. The only link to the petitioner is a confessional statement of co‑accused Satish Kumar; no material evidence, recovery, or TIP has been made against him. The petitioner, who has been in judicial custody since 22‑Oct‑2025, sought regular bail, arguing that the co‑accused had already been granted bail and that the case against him is weak. The State opposed bail. Considering the lack of substantive evidence and the circumstances, the Court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail when the sole incriminating material is a co‑accused’s confessional statement.
  • Whether the absence of recovery, TIP, or other evidence warrants granting bail under Sections 310(2) and 111(2) of the BNS.

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • lack of evidence
  • Criminal Procedure Code
  • Bihar law
  • Sections 310, 111

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4774 of 2026
                       Arising Out of PS. Case No.-271 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
                 Santu Kumar Son of Raj Dev Rai Resident of Village- Dadaur, PS-
                 Bakhtiyarpur, Dist- patna
                                                                   ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 310(2) and

                   111(2) of the BNS.

                                3. The case of the prosecution, in short, is that six

                   unknown miscreants forcefully snatched the key of the

                   informant’s tempo and took away the same. They have also

                   snatched the mobile of the informant on gunpoint.

                                4. Learned counsel for the petitioner has submitted

                   that name of this petitioner has surfaced in this case during

                   investigation on the confessional statement of co-accused Satish

                   Kumar. Learned counsel for the petitioner has further submitted

                   that save and except the confessional statement of co-accused

                   Satish Kumar, there is nothing against the petitioner. Learned
            Patna High Court CR. MISC. No.4774 of 2026(2) dt.03-02-2026
                                                        2/2




                      counsel has further submitted that no recovery has been made

                      from the possession of the petitioner and no TIP has been

                      conducted. It has further been submitted that Satish Kumar in

                      whose confessional statement name of this petitioner has

                      surfaced has been granted bail by learned Co-ordinate Bench

                      vide Cr. Misc. No. 3507 of 2026. The case of this petitioner

                      stands on better footing. Learned counsel for the petitioner has

                      lastly submitted that the petitioner is languishing in judicial

                      custody since 22.10.2025.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the bail of the petitioner.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Salimpur P.S. Case No. 271 of 2025 on furnishing bail bond of

                      Rs.10,000/- (Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M.-1, Barh.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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