Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner as the evidence was insufficient to justify continued detention and the petitioner satisfied the conditions for release.
Summary
Santosh Kumar was arrested in connection with a shooting incident that occurred during a cricket match, alleged under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleges that miscreants fired indiscriminately, injuring three persons, and the petitioner was linked to the scene through a call‑detail record showing his mobile was active at the location. The petitioner contended that he is not named in the FIR, no incriminating material was recovered from his possession, and he has no prior criminal record; his arrest was based solely on suspicion. The State opposed bail, while the petitioner highlighted that a co‑accused had already been granted anticipatory bail. Considering the lack of direct evidence, the petitioner’s clean record, and the period of custody, the Court granted bail subject to monetary surety and conditions of appearance.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the evidentiary material (CDR) linking him to the incident.
- Whether the petitioner’s non‑inclusion in the FIR and absence of incriminating material justify release on bail.
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- call detail record
- anticipatory bail
- injury
- shooting incident
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77305 of 2025
Arising Out of PS. Case No.-206 Year-2025 Thana- RANIYATALAB District- Patna
======================================================
Santosh Kumar Son of Yugeshwar Rai R/O Village - Pali Halt, P.S.- Bihta,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
For the Informant : Mr. Patanjali Rishi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard Mr. Rakesh Bihari Singh, learned counsel
for the petitioner, Mr. Choubey Jawahar, learned APP for the
State, Mr. Patanjali Rishi, learned counsel for the informant and
perused the case diary.
2. The petitioner seeks bail in connection with Rani
Talab P.S. Case No. 206 of 2025, instituted for the offences
punishable under Sections 109, 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that during a
cricket match, when the winning team was being awarded by
the guest, some miscreants made indiscriminate firing upon the
guest and fled away from the spot due to which three persons
sustained injuries.
Patna High Court CR. MISC. No.77305 of 2025(3) dt.03-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner is not named in the FIR and
has been arrested only on the basis of suspicion. Name of the
petitioner has transpired in this case on the basis of CDR
because at the time of the alleged occurrence the mobile number
of the petitioner was active on the place of occurrence. It is
further submitted that no specific allegation has been attributed
against the petitioner rather the same is general and omnibus in
nature. The petitioner is in custody since 04.06.2025 and has got
no criminal antecedent. Learned counsel for the petitioner next
submitted that other co-accused has been granted anticipatory
bail by a Co-ordinate Bench of this Court vide order dated
28.01.2026 passed in Cr. Misc. No. 1335 of 2026.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
Patna High Court CR. MISC. No.77305 of 2025(3) dt.03-02-2026
3/3
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rani Talab P.S. Case
No. 206 of 2025, 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 prosecution will have liberty to move for
cancellation of bail.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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