Created by Fuzzy Cloud

Patna High Court

Santosh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.