Created by Fuzzy Cloud

Patna High Court

Santosh Kumar Ray @ KalaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.