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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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