Patna High Court
Santosh Kumar Ray @ KalaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to regular bail and ordered his release on bail.
Summary
The petitioner, Santosh Kumar Ray, was arrested in connection with a dacoity (IPC s.395) involving the robbery of a vehicle, mobile phone and rifle. He claimed innocence, stating that a co-accused, Raushan Kumar, had given a confessional statement that implicated him, and that no incriminating material was found in his possession. He had been in judicial custody since 18‑10‑2025. The State opposed bail, citing two prior criminal antecedents. The High Court, after considering the lack of recovered evidence and the confessional statement, granted regular bail on a bond of Rs.10,000 with two sureties, directing his release.
Issues considered
- Whether a person accused of an offence punishable under IPC section 395 (a non‑bailable offence) is entitled to regular bail.
- Whether the presence of prior criminal antecedents bars the grant of bail in the present case.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- non‑bailable offence
- dacoity
- IPC 395
- confessional statement
- prior criminal antecedents
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4867 of 2026
Arising Out of PS. Case No.-207 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Santosh Kumar Ray @ Kala S/o Kailash Rai Resident Of Village- Jurawanpur
Barari, Ps- Jurawanpur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Manoj 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 section 395 of the
Indian Penal Code.
3. The case of the prosecution is that unknown
miscreants looted the Scorpio vehicle,mobile and rifle of the
informant at gunpoint.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
this petitioner. During the course of investigation, one Raushan
Kumar has given his confessional statement and on the basis of
Patna High Court CR. MISC. No.4867 of 2026(2) dt.03-02-2026
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the said confessional statement, the name of the petitioner has
surfaced. Moreover, the petitioner is languishing in judicial
custody since 18.10.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that the petitioner has two
criminal antecedents.
6. Considering the aforesaid 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 Bidupur P.S. Case No. 207 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class,Vaishali.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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