Patna High Court
Santosh Kumar @ Santosh Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a cash bond, sureties, and conditions of appearance.
Summary
The petitioner, Santosh Kumar, was arrested in connection with a robbery (Section 392 IPC) alleged to have occurred on 27 May 2024, during which cash, a mobile phone, and vehicle keys were stolen. He has been in custody since the incident and claims false implication, stating that his name was linked to the crime through a self‑confessional statement and that no material was recovered from his possession. The petitioner disclosed two prior criminal antecedents in his bail application. The State opposed bail, emphasizing the seriousness of the offence. Considering the length of custody, the submission of the charge sheet, and the petitioner’s claim of false implication, the Court granted bail on a cash bond of Rs.15,000 with two sureties, subject to conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused in a case of robbery under Section 392 IPC despite prior criminal antecedents.
- Whether the claim of false implication and lack of material recovery justify bail.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- Criminal Procedure
- antecedents
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6508 of 2026
Arising Out of PS. Case No.-50 Year-2024 Thana- SAHARGHAT District- Madhubani
======================================================
Santosh Kumar @ Santosh Kumar Mukhiya S/o Late Rajdev Mukhiya
Resident of village- Rajghatta, P.S- Benipatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Saharghat P.S. Case No. 50 of 2024 instituted for the offence
under Section 392 of the Indian Penal Code.
3. The prosecution case, in brief, is that on
27.05.2024 at about 3:00 P.M., three unknown persons on a
Pulsar motorcycle looted Rs. 40,000/- cash and an Android
mobile from the driver of the informant after delivery of stone
chips and forcibly took away the six-wheeler tipper towards
village Pihwara. It is further alleged that the remaining two
accused fled on the Pulsar motorcycle, took away the key and
mobile of another hyva vehicle, and abandoned the said hyva
Patna High Court CR. MISC. No.6508 of 2026(2) dt.04-02-2026
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vehicle by the roadside.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 27.05.2024. Petitioner
bears two criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Name of the petitioner has transpired on the basis of self-
confessional statement. Nothing has been recovered from the
conscious possession of the petitioner. Petitioner was not even
put on T.I. Parade to ascertain his complicity in the alleged
occurrence. Charge sheet has already been submitted in this
case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge sheet
being submitted, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.6508 of 2026(2) dt.04-02-2026
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below/concerned Court in connection with Saharghat P.S. Case
No. 50 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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