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Patna High Court

Santosh Yadav @ Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions.

Summary

The petitioner, Santosh Yadav, was arrested in connection with a robbery under Section 392 of the Indian Penal Code involving the theft of a steel‑laden trailer worth Rs.22,00,314. He contended that his name does not appear in the FIR and that the only link to him is a confessional statement of a co‑accused, with no incriminating material recovered from his possession. The prosecution opposed bail, arguing the seriousness of the offence. The court noted that other co‑accused had been granted bail and that there was no direct evidence against the petitioner, despite his prior criminal antecedent. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for appearance and conduct.

Issues considered

  • Whether bail should be granted to the accused in a robbery case under Section 392 IPC when the only evidence is a co‑accused's confessional statement and no material is recovered from the accused.

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • confessional statement
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68925 of 2025
                      Arising Out of PS. Case No.-236 Year-2022 Thana- BARUN District- Aurangabad
                 ======================================================
                 Santosh Yadav @ Santosh Kumar, S/o Brij Bihari Singh R/o Village- Mowap
                 Kurde, P.S- Emadpur, Dist.- Bhojpur, Ara, Bihar.
                                                                         ... ... Petitioner/s

                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kedar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   07-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Sessions Trial No. 1246 of 2022 arising out of

                   Barun P.S. Case No. 236 of 2022, G.R. No. 1246 of 2022

                   registered for the offence punishable under Section 392 of the

                   Indian Penal Code.

                                3. As per the prosecution case, four unknown

                   miscreants are said to have taken away the trailer of the

                   informant loaded with steel worth of Rs.22,00,314/-.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the FIR and his name has surfaced in

                   the confessional statement of co-accused Santosh Kumar Pandit.

                   It has been submitted that except the said confessional statement

                   there is nothing on record to connect the petitioner with the
Patna High Court CR. MISC. No.68925 of 2025(4) dt.07-01-2026
                                            2/3




          aforesaid incident. It has been asserted that no incriminating

          article has been recovered from the conscious possession of the

          petitioner and the same has been recovered by the police, as

          would be evident from perusal of the case diary, from

          somewhere else. It has further been submitted that till date no

          TIP has been conducted and the petitioner is in custody since

          17.04.2025. It has next been submitted that charge-sheet has

          already been submitted and similarly situated co-accused

          persons, namely, Santosh Kumar Pandit, Suryadeo Singh,

          Dinesh Prasad, Amit Kumar, Arjun Paswan, Amar Kumar and

          Vickky Kumar, have all been granted bail by different learned

          Co-ordinate Benches of this Hon’ble Court. It has lastly been

          submitted that the petitioner has one criminal antecedent.

                       5. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       6. Considering the aforesaid submissions made by the

          parties, let the petitioner, above named, 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 the learned

          court below where the case is pending/successor court in

          connection with Sessions Trial No. 1246 of 2022 arising out of

          Barun P.S. Case No. 236 of 2022, G.R. No. 1246 of 2022,
              Patna High Court CR. MISC. No.68925 of 2025(4) dt.07-01-2026
                                                          3/3




                        subject to the following conditions:-

                                                   (i) One of the bailors of the petitioner
                                        shall be his close relative and the other shall be
                                        local resident.
                                                   (ii) The petitioner shall remain physically
                                        present in Court on each date of the trial.
                                                   (iii) In case of absence on two
                                        consecutive dates or in violation of the terms of the
                                        bail, the bail bond of the petitioner will be liable to
                                        be cancelled by the court concerned.
                                                   (iv) If the petitioner is found involved in
                                        similar nature of offence in future, the prosecution
                                        shall be at liberty to move for cancellation of his
                                        bail bond.
                                                   (v) The learned Court below shall verify
                                        the criminal antecedent of the petitioner and in case
                                        at any stage it is found that the petitioner has
                                        concealed his criminal antecedent, the court below
                                        shall take step for cancellation of bail bond of the
                                        petitioner. However, the acceptance of bail bonds in
                                        terms of the above-mentioned order shall not be
                                        delayed for purpose of or in the name of
                                        verification.


                                     7. Accordingly, the prayer for bail is allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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