Patna High Court
Santosh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to bail.
Summary
Santosh Rai was arrested in connection with a case registered under multiple sections of the Indian Penal Code, including offences of rioting, assault, and attempt to murder. The prosecution alleged that he assaulted the victim, causing a head injury, and he had been in custody since 11‑December‑2025. The petitioner sought bail, contending that co‑accused Shankar Rai and Dipak Kumar had already been released on bail by the same court. The court considered the similarity of the cases and the precedent of bail granted to the co‑accused. Accordingly, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of equal amount. The order was pronounced by Justice Sandeep Kumar of the Patna High Court.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the IPC
- Whether the grant of bail to co‑accused in the same case influences the bail decision for the petitioner
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 380, 427, 448, 504, 506
Subjects
- bail
- Indian Penal Code
- assault
- criminal procedure
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8024 of 2026
Arising Out of PS. Case No.-352 Year-2022 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Santosh Rai, son of Shri Ram Sikil Rai @ Sikil Rai Resident of Village-
Jalalpur, Ps- Patori, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dipak Kumar, Advocate
For the Opposite Party/s : Mrs. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 30-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Shahpur Patori P.S. Case No. 352 of 2022 registered for the
offence punishable under Sections 147, 148, 149, 341, 323, 324,
307, 427, 448, 380, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, petitioner is said to
have assaulted the victim causing injury on head.
4. It has been submitted by learned counsel for the
petitioner that similarly situated co-accused namely, Shankar
Rai and Dipak Kumar have been granted bail by this Court.
5. The petitioner is in custody since 11.12.2025.
6. Considering the grant of bail to the co-accused, this
application is allowed.
Patna High Court CR. MISC. No.8024 of 2026(3) dt.30-03-2026
2/2
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M., Samastipur/ concerned Court in connection with
Shahpur Patori P.S. Case No. 352 of 2022.
(Sandeep Kumar, J)
khushbu/-
U
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