Patna High Court
SANTOSH KUMAR @ BAKADIYAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner, subject to prescribed conditions.
Summary
Santosh Kumar was arrested in connection with a robbery of a Punjab National Bank cash cabin, alleged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, not named in the FIR, and that the case against him rested solely on the confessional statement of a co‑accused. The petitioner had been in custody since 7 September 2024 and possessed fifteen prior criminal antecedents. The State opposed bail, but the court considered the length of custody, the lack of incriminating material against the petitioner, and parity with a co‑accused who had earlier been granted bail. The court granted bail on the condition of a Rs.15,000 bond with two sureties and imposed standard conditions regarding appearance, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of false implication and prolonged custody.
- Whether the confession of a co‑accused suffices to justify continued detention of the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- robbery
- false implication
- Bharatiya Nyaya Sanhita
- criminal antecedents
- co‑accused confession
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86898 of 2025
Arising Out of PS. Case No.-226 Year-2024 Thana- DULHIN BAZAR District- Patna
======================================================
SANTOSH KUMAR @ BAKADIYA S/O SAMA RAI R/O Vill.- Kagji
Mohalla, P.S.- Danapur, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Kant Kumar, Advocate
For the Opposite Party/s : Mr.Murli Dhar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with S.T.
No. 885 of 2025 arising out of Dulhin Bazar P.S. Case No. 226
of 2024 instituted for the offences under Section 309(4) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that four unknown
persons, one of them armed with weapon and wearing helmet
and mask, barged into the cash cabin of Punjab National Bank,
Koraiya Sultanpur. They looted ₹20,48,000/- in cash and fled
from the spot.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
Patna High Court CR. MISC. No.86898 of 2025(3) dt.11-03-2026
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transpired in this case on the basis of confessional statement of
co-accused Pintu Kumar. No incriminating article has been
recovered from the conscious possession of the petitioner.
Learned counsel further submitted that petitioner has got no
concern with the looted amount. The petitioner has been
remanded in this case from Dhararua P.S. Case No. 494 of 2024.
Learned counsel for the petitioner further submits that other co-
accused has been granted bail by this Bench vide order dated
25.09.2025 passed in Cr. Misc. No. 48718 of 2025. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 07.09.2024 and has fifteen criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity as also the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with S.T. No. 885 of 2025
Patna High Court CR. MISC. No.86898 of 2025(3) dt.11-03-2026
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arising out of Dulhin Bazar P.S. Case No. 226 of 2024, subject
to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The Petitioner shall not commit offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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