Patna High Court
SANTOSH SAOversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Santosh Sao, sought anticipatory bail fearing arrest in a theft case (Section 379 IPC) registered as Khagaul P.S. Case No. 167 of 2024. The FIR does not name him; his alleged involvement stems solely from a confessional statement of co‑accused Sahil Singh, who identified the petitioner as an accomplice. No incriminating articles were recovered from the petitioner’s possession, though three motorcycles were seized from the co‑accused’s house. The petitioner has one prior similar offence, which the State highlighted while opposing bail. The High Court, after considering the lack of direct evidence and the petitioner’s cooperation, granted anticipatory bail under Section 438(2) CrPC and Section 482(2) BNSS, imposing conditions such as a bail bond, sureties, personal presence at trial, and verification of criminal antecedents. The order clarified that any observations made herein would not affect the trial, and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not named in the FIR but is mentioned in a co‑accused's confessional statement.
- Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail.
- Whether the prosecution’s evidence is sufficient to justify refusal of bail under Section 438 of the CrPC.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 379
Subjects
- anticipatory bail
- Theft
- Section 379 IPC
- Criminal Procedure Code
- BNSS
- confessional statement
- prior criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8385 of 2026
Arising Out of PS. Case No.-167 Year-2024 Thana- KHAGAUL District- Patna
======================================================
SANTOSH SAO Son of Om Prakash Sao Resident of Savuri Nagar, Police
Station - Rupaspur, District - Patna (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhijeet Gautam, Adv.
For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Khagaul P.S. Case No. 167 of 2024 dated 25.05.2024
registered for the offences punishable under Section 379 of the
Indian Penal Code.
3. As per the prosecution case, the informant has
alleged that he had gone to a market and came out, he found his
motorcycle was missing on the spot.
4. The learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. and his name has transpired
in the confessional statement of the co-accused, Sahil Singh @
Suraj Singh who has disclosed the name of the petitioner as an
accomplice. It has further been submitted that no incriminating
Patna High Court CR. MISC. No.8385 of 2026(2) dt.17-02-2026
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article has been recovered from the conscious possession of the
petitioner or from his house and three motorcycles were
recovered from the house of the co-accused, Sahil Singh. It has
further been submitted that there is nothing on record to connect
the petitioner with the aforesaid crime. It has lastly been
submitted that the petitioner has one criminal antecedent of
similar offence.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
court in connection with Khagaul P.S. Case No. 167 of 2024,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
Patna High Court CR. MISC. No.8385 of 2026(2) dt.17-02-2026
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(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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