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Patna High Court

SANTOSH KUMAR @ BAKADIYAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             2/3




          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
                                                       3/3




                     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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