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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that, given the commencement of trial and lack of any ground for review, bail could not be granted.

Summary

Santosh Kumar was charged under multiple sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act for allegedly firing at a victim, resulting in injuries. He applied for regular bail for the second time after an earlier bail denial. The petitioner argued that no witness had yet been examined, contending this warranted bail. The court observed that the trial had already commenced, no ground for a review existed, and the petitioner had several other pending cases and a criminal antecedent. Consequently, the bail application was dismissed and the police were directed to ensure witness attendance in the lower court.

Issues considered

  • Whether bail can be granted when the trial has already commenced and no witness has been examined.
  • Whether the petitioner’s criminal antecedents and pending cases preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • trial commencement
  • Arms Act
  • narcotic offences
  • pending cases
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81679 of 2025
                       Arising Out of PS. Case No.-296 Year-2024 Thana- KAKO District- Jehanabad
                 ======================================================
                 Santosh Kumar S/o Uday Yadav @ Uday Singh @ Loha Yadav R/o vill -
                 Serthua Bazar, P.S.- Tehta, Distt.- Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Birendra Kumar, Advocate
                 For the Opposite Party/s :       Mr.Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-01-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Kako (Bhelawar) P.S.

                   Case No. 296 of 2024 registered for the offence under Sections

                   329(3), 126(2), 115(2), 109, 351(2), 3(5) of the BNS, 2023 and

                   under Section 27 of the Arms Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 08.09.2025 in Cr. Misc. No. 52444 of 2025, which

                   reads as follows:-

                                                      Heard learned counsel for the
                                      petitioner and learned APP for the State.
                                                   2. The petitioner seeks regular bail in
                                      connection with Kako (Bhelawar) P.S. Case No.
                                      296 of 2024 registered for the offence under
Patna High Court CR. MISC. No.81679 of 2025(2) dt.16-01-2026
                                            2/3




                             Sections 329(3), 126(2), 115(2), 109, 351(2),
                             3(5) of the BNS, 2023 and under Section 27 of
                             the Arms Act.
                                          3. As per the prosecution case, the
                             petitioner and others are said to have fired at the
                             victim and the informant is said to have
                             sustained injuries from the beating of the co-
                             accused.
                                          4.      The petitioner is in jail since
                             25.05.2025 and the petitioner is accused in four
                             more cases.
                                          5.      Considering the gravity of the
                             offence and the criminal antecedents of the
                             petitioner, this Court is not inclined to grant bail
                             to the petitioner.
                                          6.      Accordingly, this application is
                             dismissed.


                       4. Learned counsel for the petitioner submits that

          though the charges have been framed, but no witness has been

          examined and therefore, the petitioner may be granted bail.

                       5. Considering the fact that trial has started, no ground

          for review is made out. Accordingly, this application for regular

          bail stands rejected.

                       6. The Superintendent of Police, Jehanabad is directed

          to ensure the attendance of the witnesses in the concerned court

          below.
              Patna High Court CR. MISC. No.81679 of 2025(2) dt.16-01-2026
                                                          3/3




                                     7. Let a copy of this order be communicate through

                        FAX/ e-mail to the Superintendent of Police, Jehanabad for its

                        compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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