Patna High Court
Santosh Kumar @ Santosh Mahto @ Santosh MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, finding that the lack of incriminating evidence and procedural lapses outweighed the seriousness of the charge.
Summary
Santosh Kumar applied for regular bail in a dacoity case (Gurua PS Case No.41/2025) registered under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that seven accused, including the petitioner, committed dacoity and stole jewellery worth Rs.85,000 and cash of Rs.5,000. The petitioner contended that the FIR was filed against unknown persons, that his confession was coerced, no incriminating articles were recovered from him, and he had not been produced for a T.I. parade despite ten months in custody. The trial court’s investigation material, the absence of seized property, and the filing of a charge‑sheet were highlighted. The High Court, after hearing both sides, held that these circumstances warranted the grant of bail. Accordingly, the petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 310(2) of the Bharatiya Nyaya Sanhita after a charge‑sheet has been filed and no incriminating material has been recovered.
- Whether the alleged false implication and the failure to produce the petitioner for a T.I. parade justify the grant of bail despite the seriousness of the dacoity offence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
Subjects
- bail
- dacoity
- false implication
- confessional statement
- charge sheet
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8227 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- GURUA District- Gaya
======================================================
Santosh Kumar @ Santosh Mahto @ Santosh Mehta, S/o Upendra Mahto, R/o
Village- Apaki, PS- Kasma, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gurua P.S. Case no.41
and 2025, registered under section 310(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that while her husband had gone out, seven accused persons
came and committed dacoity. It is stated that they took away
jewellery worth Rs.85,000/-, Rs.5,000/- from the CSP besides
other articles as described in the F.I.R.
4. Learned counsel for the petitioner submits that the
F.I.R. was registered against unknown. Referring to the material
that has transpired in course of investigation as discussed in detail
in the order of the learned trial Court, it is submitted that the
Patna High Court CR. MISC. No.8227 of 2026(2) dt.17-02-2026
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petitioner was falsely implicated on the basis of his own
confessional statement made before police. The cause of false
implication of the petitioner is his antecedents. No incriminating
article has been recovered from the petitioner’s possession and
the petitioner has not been put on T.I. Parade inspite of being in
custody since 5.4.2025. Charge-sheet has been submitted in the
case and the petitioner undertakes to cooperate in the
investigation/trial. It is finally submitted that co-accused Bali
Bhuiyan has been enlarged on bail vide order dated 12.2.2026
passed in Cr. Misc. no.7711 of 2026.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
material that has transpired in course of investigation as
discussed in detail in the order of the learned trial Court, no
incriminating article having been recovered from the petitioner’s
possession, the petitioner not having been put on T.I. Parade
inspite of being in custody for 10 months since 5.4.2025 and
charge-sheet having been submitted in the case, the petitioner is
directed to be enlarged on bail in connection with Gurua P.S.
Case no.41 and 2025, on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.8227 of 2026(2) dt.17-02-2026
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(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Sherghati, Gaya.
(Partha Sarthy, J)
avinash/-
U T
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