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Patna High Court

Santosh Kumar @ Santosh MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Santosh Mahto was arrested on 5 April 2025 in connection with a 2017 bank robbery case (Sherghati P.S. Case No. 220) and charged under IPC sections 419, 414, 120(B) and Arms Act sections 25(1‑b)a, 26 and 35. The prosecution’s case relied primarily on the confessional statements of co‑accused who implicated Mahto, with no other material evidence presented. The petitioner argued that, apart from these statements, no cogent proof linked him to the offences and that no further investigation had been conducted after the charge‑sheet. The State opposed bail, citing two prior cases against the petitioner, though it was noted that he was on bail in those matters. The Court, considering the lack of substantive evidence and the petitioner’s cooperation, granted bail on a Rs.10,000 bond with two sureties, subject to conditions regarding attendance, non‑tampering of evidence, and verification of criminal antecedents. The order disposes the bail petition in favour of the petitioner.

Issues considered

  • Whether bail should be granted when the prosecution’s case is based solely on co‑accused confessional statements.
  • Whether the petitioner’s prior criminal cases justify denial of bail.
  • Whether the absence of further investigative material affects the bail decision.

Legislation cited

Subjects

  • bail
  • confessional statement
  • criminal conspiracy
  • Arms Act
  • Indian Penal Code
  • pre‑trial detention
  • antecedent criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88159 of 2025
                       Arising Out of PS. Case No.-220 Year-2017 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Santosh Kumar @ Santosh Mahto S/O Upendra Singh @ Upendra Mahto R/O
                 Vill.- Apaki, P.S.- Kasma, Dist.- Aurangabad

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar Patna

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kamlendra Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   01-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   05.04.2025 in connection with Sherghati P.S. Case No. 220 of

                   2017 for the offences punishable under Sections 419, 414,

                   120(B) of IPC and Sections 25(1-b)a, 26 and 35 of Arms Act.

                               3. The prosecution story, in brief, is that on a secret

                   informant police raided a house of two warrant accused and

                   caught them. On being asked they disclosed their name as (1)

                   Niraj Kumar @ Satendra Ravidas, (2) Rajesh Kumar Ravidas @

                   Akash Das @ Pankaj Das and (3) Sanjay Das. Further on being

                   asked they disclosed that they were planning for Bank robbery

                   in the house. They further disclosed that accused petitioner

                   Santosh Mahto and Vikash Singh are also involved in this crime.
Patna High Court CR. MISC. No.88159 of 2025(4) dt.01-04-2026
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          They were arrested accordingly. Further in their confessional

          statement they disclosed the place where they hidden arms and

          stolen articles. Further on the disclosure of their statement that

          place was searched from where heavy quantity of arms were

          recovered. Some stolen articles were also recovered. Seizure list

          is attached with the record. Both accused Niraj and Rajesh

          disclosed        that     they      used      the    recovered   articles.

          Regarding recovery of money they said that it is looted money

          from Magadh Gramin Bank and regarding gold jewellery they

          have disclosed that this gold jewellery brought by Sanjay Das

          and Santosh Mahto and they told that they converted it into

          money from Gold Smith.

                      4.    Learned counsel for the petitioner submits that

          petitioner has been made an accused in the present case based

          on the confessional statement of co-accused person and

          petitioner is remanded in the present case on 05.04.2025.

          Learned counsel for the petitioner submits that except the

          confessional statement no cogent material has come during the

          course of investigation to suggest the involvement of petitioner

          in the present case and till date no TIP has been conducted by

          the prosecution and police after investigation has submitted

          charge-sheet and petitioner is in custody since 05.04.2025.
Patna High Court CR. MISC. No.88159 of 2025(4) dt.01-04-2026
                                            3/4




                      5. The learned Additional Public Prosecutor for the

          State, on the other hand, has vehemently opposed the prayer for

          bail of the petitioner and submits that petitioner has antecedent

          of two cases other than the present case but fairly submits that in

          paragraph-12 of bail petition, it is mentioned that petitioner is

          on bail in the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Additional

          Chief Judicial Magistrate, Sherghati (Gaya) in connection with

          Sherghati P.S. Case No. 220 of 2017, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be canceled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall
           Patna High Court CR. MISC. No.88159 of 2025(4) dt.01-04-2026
                                                       4/4




                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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