Patna High Court
Santosh Kumar @ Santosh Bakariya @ BakariyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court grants regular bail to the petitioner.
Summary
Santosh Kumar petitioned for regular bail in a case under Sections 61, 103, 109 of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a, 26, 27, 35 of the Arms Act, arising from a fire‑arm attack on a vehicle that killed the driver and injured a passenger. The petitioner claimed innocence, arguing that his name does not appear in the FIR and that he was only identified in a later statement as being present, not as a shooter. He had been in judicial custody since 5 October 2024, while the State highlighted his antecedent of twelve criminal cases and opposed bail. The Court, after hearing both sides, considered the lack of direct allegation against the petitioner and the bail granted to co‑accused, and decided to release him on bail with a bond of Rs 10,000 and two sureties, subject to attendance conditions. The order directs the petitioner to cooperate with the trial and mark weekly attendance at the relevant police station.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges under the Bharatiya Nyaya Sanhita and the Arms Act and a history of multiple criminal cases.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nyaya Sanhita — s. 103, 109, 61
Subjects
- bail
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- prior criminal antecedent
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83514 of 2025
Arising Out of PS. Case No.-420 Year-2024 Thana- DIGHA District- Patna
======================================================
Santosh Kumar @ Santosh Bakariya @ Bakariya S/o Sabha Ray Resident of -
Kagji, Mohalla - Mitan Chak, P.S - Danapur, District - Patna At present R/o -
Danapur Cantt., Danapur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. D.K. Singh, Advocate
Ms. Anjali Kumari, Advocate
Ms. Rekha Kumari, Advocate
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 61, 103,
109 of the Bharatiya Nyaya Sanhita and Sections 25(1-b)a, 26,
27, 35 of the Arms Act.
3. The case of the prosecution is that Birendra alias Billa
and Manu Rai made fire on the vehicle in which the brother-in-
law of the informant and the driver Vikash Kumar were
traveling. It is further alleged that the fire was made
indiscriminately and certain accused persons were firing from a
distant range. Due to the above firing, the driver succumbed to
Patna High Court CR. MISC. No.83514 of 2025(4) dt.18-02-2026
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the injuries whereas the brother-in-law of the informant namely,
Raju Rai was admitted in ICU.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. From perusal of the FIR, it
is clear that the name of this petitioner is not there in FIR.
During investigation, the injured has given his statement and he
has not named this petitioner but in his second statement, he
has named this petitioner as one of the persons standing at the
place of occurrence. There is no allegation against this petitioner
that he has made fire. It has also been submitted that similarly
situated other co-accused persons have already been granted bail
by this Court and from learned co-ordinate Benches of this
Court vide Annexure P/2 series to this petition. Moreover, the
petitioner is languishing in judicial custody since 05.10.2024.
5. Learned APP appearing for the state has opposed the
prayer of regular bail and has submitted that petitioner is having
criminal antecedent of twelve cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Patna High Court CR. MISC. No.83514 of 2025(4) dt.18-02-2026
3/3
Digha P.S. Case No. 420 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M., IX, Patna with
following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date.
(ii) As most of the cases of the petitioner are from
Danapur Police Station, so, he is also directed to mark his
weekly attendance at Danapur P.S.
(Ashok Kumar Pandey, J)
shubham/-
U T
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