Patna High Court

SANTOSH KUMAR @ SANTOSH BAKARIYAversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner with stipulated conditions.

Summary

Santosh Kumar was arrested in connection with a robbery and dacoity (IPC §§395, 397) for allegedly looting Rs. 28,100 and a mobile phone from a cash counter. He sought bail, claiming innocence and that his implication was based solely on a co-accused's confessional statement, with no material recovered from him. The State opposed bail, highlighting his alleged involvement in fifteen prior criminal cases. The court noted that a co-accused, Pintu Kumar, had previously been granted bail in a similar case (Cr. Misc. No. 84916 of 2025) and considered the petitioner’s prolonged custody since July 2025. Weighing the lack of direct evidence against him and the precedent, the court decided to enlarge bail with specific conditions. The bail was ordered on a bond of Rs.10,000 with two sureties, one of whom must be a close relative, and the petitioner must attend court as directed.

Issues considered

Whether bail should be granted to the accused despite pending charges under IPC §§395 and 397 and a history of multiple criminal cases.
Whether the reliance on a co-accused's confessional statement suffices to justify continued detention.
Whether the conditions imposed for bail are appropriate and sufficient to ensure the accused's presence before the court.

Legislation cited

Indian Penal Code — s. 395, 397

Subjects

bail
IPC 395
IPC 397
robbery
dacoity
criminal antecedent
surety
court attendance
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87461 of 2025
                      Arising Out of PS. Case No.-326 Year-2024 Thana- DHANARUA District- Patna
                 ======================================================
                 Santosh Kumar @ Santosh Bakariya, S/o Late Sabha Rai, R/o vill - Kagji
                 Danapur Cantt, P.S.- Danapur, Distt.- Patna, Bihar


                                                                                 ... ... 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. Pawan Kumar Chaurasia, APP
                 ======================================================
                 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 bail in connection

                   with Dhanarua P.S. Case No. 326 of 2024 registered for the

                   offence punishable under Sections 395 and 397 of the Indian

                   Penal Code.

                                3. The case of the prosecution, in short, is that some

                   unknown miscreants have looted cash of Rs. 28,100/- from the

                   cash counter and also took away a mobile phone.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.87461 of 2025(4) dt.18-02-2026
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          case. He was remanded in this case from Dhanarua P.S. Case

          No. 494 of 2024 and his name has surfaced in this case on the

          basis of confessional statement of co-accused. Nothing has been

          recovered from his possession. It has also been submitted that

          similarly situated co-accused, namely, Pintu Kumar has been

          granted bail by this Court vide Cr. Misc. No. 84916 of 2025.

          The case of this petitioner stands on similar footing. Moreover,

          he is languishing in judicial custody since 04.07.2025.

                       5. Learned APP for the State has vehemently opposed

          the application for bail and has submitted that the petitioner is

          having criminal antecedent of fifteen 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 enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned

          S.D.J.M at Masaurhi, Patna in connection with Dhanarua P.S.

          Case No. 326 of 2024 with the following conditions:-

                       (i) One of the bailors shall be a close relative of the

          petitioner.

                       (ii) The petitioner shall remain physically present
             Patna High Court CR. MISC. No.87461 of 2025(4) dt.18-02-2026
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                       on each and every date fixed by the learned trial court.

                                    (iii) The petitioner shall mark his attendance

                       weekly at Danapur P.S.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T

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