Patna High Court
Santu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 111(2), 310(2)
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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