Patna High Court

Santosh KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL REJECTED
Bench: RAJIV ROY

Holding

Bail was denied to the petitioner.

Summary

Santosh Kumar was arrested in connection with a robbery of Rs 22 lakhs alleged under Section 309(4) of the Bhartiya Nayay Sanhita, 2023. The prosecution’s case is based on a statement by the informant and a confessional statement made by the petitioner while in custody, which implicated him and five others. The court noted that a prior bail application by a co‑accused (Chandan Kumar) had been denied and that the petitioner’s antecedent criminal record and the recovery of a knife and cash from his residence indicated his involvement. The petitioner’s counsel argued for bail, citing a coordinate bench’s relief to another co‑accused (Chetan Kumar). The State contended that the petitioner was a principal offender and should not be granted bail. Considering the confession, recovery of evidence, and the petitioner’s criminal antecedent, the court refused to grant bail.

Issues considered

Whether bail should be granted to the petitioner despite his confessional statement and recovery of incriminating evidence.
Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Bhartiya Nayay Sanhita, 2023 — s. 309(4)

Subjects

bail
robbery
confessional statement
criminal antecedent
Section 309(4)
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70890 of 2025
                  Arising Out of PS. Case No.-283 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Santosh Kumar S/O Jiyalal Sah R/O Vill.- Ajagari Naya Tola, P.s.- Banjariya,
                 Dist.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar No.III, Advocate
                 For the Opposite Party/s :      Mr.Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   25-02-2026                  Heard Mr. Sunil Kumar No.III, learned counsel for

                   the petitioner and the State.

                                2. The petitioner is in judicial custody in connection

                   with Motihari Muffasil P.S. Case No. 283 of 2025 for the

                   offence punishable under Sections 309(4) of the Bhartiya Nayay

                   Sanhita, 2023 Act lodged on 09.05.2025                  by the informant,

                   Munna Kumar.

                                3. As per the prosecution story, the informant alleged

                   that while he was moving on motorcycle with Rs. 22 Lakhs to

                   buy jewellery but on the way, three accused persons intercepted

                   and looted the bag. This led to the F.I.R.

                                4. Subsequently, as the story unfolds, during the

                   investigation one Santosh Kumar was taken into custody which
Patna High Court CR. MISC. No.70890 of 2025(5) dt.25-02-2026
                                            2/3




          led to the implication of this petitioner and the learned Sessions

          Judge order records that they were in conversation with each

          other and direction was given to keep the mobile switched off at

          the time of occurrence.

                       5. This Court has recorded in Cr. Misc. No. 81943 of

          2025 that (Chandan Kumar vs. The State of Bihar) disposed of

          on 03.12.2025 that it was the petitioner herein who after being

          taken into custody made confessional statement that he

          alongwith five others actually looted Rs. 22 laksh. The police

          investigation also shows that from the house there is

          recovery/seizure of a knife as also Rs.10,000/- wrapped in a

          clothe.

                       6. Learned counsel for the petitioner submits that

          though Chandan Kumar has been denied bail by this Court, one

          Chetan Kumar has been extended relief by a coordinate bench in

          Cr. Misc. No. 73661 of 2025.

                       7. Learned APP Mr. Jitendra Kumar Singh submits

          that the accused persons who looted Rs.22 lakhs are Chandan

          Kumar, Santosh Kumar, Jeet Kumar, Munna Kumar, Guddu

          Sahni and Raja Prasad. Chetan Kumar was an employee of

          jewellery shop and he cannot be                 equated with the present

          accused persons.
             Patna High Court CR. MISC. No.70890 of 2025(5) dt.25-02-2026
                                                         3/3




                                    8. Considering the submissions of the parties as also

                       the role of the petitioner from whom not only there is recovery,

                       he also narrated the actual crime seen which is coupled with the

                       fact that he has criminal antecedent of the same nature, in that

                       background, for the present, this Court is not inclined to extend

                       him the privilege of bail which is accordingly, rejected.



                                                      (Rajiv Roy, J)
Ravi/-

U        T

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