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Patna High Court

Santosh Kumar SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The bail application is disposed of and consigned, resulting in its dismissal.

Summary

The petitioner, Santosh Kumar Sharma, applied for bail in a criminal miscellaneous case arising from PS Case No. 349 of 2023. The trial court had earlier rejected his bail application on 9 January 2026, although a provisional bail was granted to another accused, Raja Kumar, to appear for an examination. Raja Kumar subsequently surrendered after appearing for the exam. The petitioner argued that the surrender of Raja Kumar should influence his bail request. The court noted the surrender and, considering the circumstances, disposed of the bail application without granting relief. Consequently, the petition for bail was dismissed.

Issues considered

  • Whether the petitioner is entitled to bail after the trial court’s earlier rejection
  • Whether the surrender of another accused who was granted provisional bail affects the petitioner’s bail application

Subjects

  • bail
  • provisional bail
  • criminal procedure
  • application dismissed
  • court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.51187 of 2025
                       Arising Out of PS. Case No.-349 Year-2023 Thana- KOTWALI District- Munger
                  ======================================================
                  Santosh Kumar Sharma S/O Kusheshwar Sharma Resident of Mohalla-
                  Mangal Bazar (Madhopur), P.S- Kotwali (Basudeopur), District- Munger.

                                                                                  ... ... Petitioner/s
                                                       Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Nawal Kishore Singh, Advocate
                  For the Opposite Party/s :      Dr. Indiwar Kumari, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    09-02-2026                     Heard the learned counsel for the petitioner and the

                    learned A.P.P. for the State.

                                 2. The prayer for bail of petitioner was rejected vide order

                    dated 09.01.2026 but Raja Kumar was granted provisional bail for

                    appearing in the exam.

                                 3. It has been submitted by the parties that Raja Kumar

                    has surrendered in the court below after appearing in the exam.

                                 4. In these circumstances, the present application is

                    disposed of and consigned.



                                               (Sandeep Kumar, J)
vashudha/-

U      T


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