Patna High Court
Santosh Kumar @ Santosh Mahto @ Santosh Mahto KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
Santosh Kumar was arrested in connection with a case registered under sections 317(4) and 317(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a), 26 and 35 of the Arms Act. The police recovered a stolen motorcycle from his possession and arms from a co‑accused, but the petitioner claimed he was falsely implicated and that no incriminating article was found on him. He had been in custody since 11 August 2025 and a chargesheet had been filed. The State opposed his application for regular bail. The Patna High Court, after considering the allegations and the five‑month custodial period, ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bhartiya Nyaya Sanhita and the Arms Act.
- Whether the five‑month custodial period and filing of the chargesheet justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 317(4), 317(5)
Subjects
- regular bail
- Bhartiya Nyaya Sanhita
- Arms Act
- false implication
- custody
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6323 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- SULTANGANJ District- Patna
======================================================
Santosh Kumar @ Santosh Mahto @ Santosh Mahto Kumar S/o Saman
Mahto @ Samval Mahto R/o Village - Dujrabari, P.S - Buddha Colony,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ginni Priya, Advocate
Mr. Anuj Kumar, Advocate
Ms. Eashita Raj, Advocate
Mr. Shyam Kishore, Advocate
Ms. Sakshi Bhatnagar, Advocate
Mr. Aditya Raj Singh, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sultanganj P.S. Case
no.317 of 2025 registered under sections 317(4) and 317(5) of
the Bhartiya Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26
and 35 of the Arms Act.
3. As per the prosecution case, on a search being
conducted by the police personnel, it is stated that a stolen
motorcycle was recovered from the possession of the petitioner,
while arms and ammunitions were recovered from the
possession of the co-accused.
Patna High Court CR. MISC. No.6323 of 2026(2) dt.04-02-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession. He
has no concern with the seized motorcycle. The petitioner is in
custody since 11.8.2025 and chargesheet has been submitted in
the case.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR together with the petitioner having remained in custody
for 5 months since 11.8.2025 and chargesheet having been
submitted in the case, the petitioner is directed to be enlarged on
bail in connection with Sultanganj P.S. Case no.317 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Sub Divisional Judicial Magistrate, Patna City,
Patna.
(Partha Sarthy, J)
Shiv/-
U T
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