Patna High Court

Santosh KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: ARUN KUMAR JHA

Holding

The court granted bail to the petitioner, subject to conditions, under Section 480(3) of BNSS.

Summary

Santosh Kumar was arrested in connection with a theft case (Korha P.S. Case No. 43 of 2025) alleged under Section 304(2) of the Bihar Negotiable Substances Act, 2023. The prosecution alleged that two miscreants snatched a mobile phone and that the petitioner was implicated based on the confessional statement of a co‑accused. The petitioner claimed innocence, stating that no incriminating material was found on him and that his name surfaced only through the co‑accused’s statement. The court considered the charge sheet, the petitioner’s custody since 6 November 2025, and the lack of direct evidence, and applied the provisions of Section 480(3) of the BNSS. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and specific conditions, including sureties and attendance requirements.

Issues considered

Whether the petitioner is entitled to bail in a case registered under Section 304(2) of BNS, 2023.
Whether the circumstances, including the reliance on a co‑accused’s confessional statement, justify granting bail under Section 480(3) of BNSS.

Subjects

bail
criminal procedure
Section 304(2)
Section 480(3)
confessional statement
theft
charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5886 of 2026
                        Arising Out of PS. Case No.-43 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Santosh Kumar, Son of Dinesh Singh, Resident of Village- Sishiya, P.S.-
                 Korha, District- Katihar

                                                                                   ... ... Petitioner/s

                                                       Versus
                 The State of Bihar

                                                                             ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md Musowir, Advocate
                 For the Opposite Party/s :       Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Korha P.S. Case No. 43 of 2025, registered for

                   the alleged offence under Section 304(2) of BNS, 2023.

                                3. As per prosecution case, two miscreants riding a

                   motorcycle snatched the mobile phone of the informant. The

                   name of the petitioner transpired during investigation for being

                   involved in the said occurrence.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in this

                   case. Nothing incriminating has been recovered from the

                   person/possession of the petitioner and his name came up only
Patna High Court CR. MISC. No.5886 of 2026(2) dt.04-02-2026
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          on the basis of confessional statement of co-accused Abhishek

          Kumar. The petitioner is in custody since 06.11.2025 and is

          having antecedent of one case. The charge sheet has been

          submitted.

                        5. Learned APP vehemently opposes the submission

          made on behalf the petitioner.

                       6. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          submission of charge sheet and period of custody of the

          petitioner, he is directed to be released on bail on furnishing bail

          bond of Rs. 10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Katihar/court concerned, in connection with Korha

          P.S. Case No. 43 of 2025, subject to the conditions mentioned in

          Section 480 (3) of BNSS and also the following conditions :

                        (i) One of the bailors will be a close relative of

                        the petitioner.

                        (ii) The petitioner will remain present on each

                        and every date fixed by the court below.

                        (iii) In case of absence on three consecutive

                        dates or in violation of the terms of the bail,

                        the bail bond of the petitioner will be liable to
           Patna High Court CR. MISC. No.5886 of 2026(2) dt.04-02-2026
                                                       3/3




                                   be cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T

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