Patna High Court

Santosh Kumar @ Santosh Kumar NatversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SHAILENDRA SINGH

Holding

The court granted regular bail to the petitioner.

Summary

Santosh Kumar was arrested on 18 July 2025 and charged under Sections 25(1‑B)(a) and 26 of the Arms Act in Harnaut P.S. Case No. 344/2025. He applied for regular bail, arguing that all material witnesses of the prosecution are police officers who participated in the raid and that there is no independent witness to the alleged recovery of firearms. The State opposed the bail, citing serious allegations and the petitioner’s criminal antecedents in three other cases. The court noted the petitioner had already spent about five months in custody, the lack of independent witnesses, and the risk of evidence tampering being minimal. Accordingly, the court granted bail on a bond of Rs. 20,000 with two sureties, subject to the condition that the petitioner be released after charge framing if it has not yet occurred.

Issues considered

Whether regular bail should be granted in offences under the Arms Act when the prosecution’s material witnesses are police personnel.
Whether the petitioner’s prolonged pre‑trial detention and criminal antecedents justify denial of bail.

Legislation cited

Arms Act — s. 25(1-B)(a), 26

Subjects

bail
Arms Act
pre‑trial detention
police witnesses
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89160 of 2025
                      Arising Out of PS. Case No.-344 Year-2025 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Santosh Kumar @ Santosh Kumar Nat S/o Shiv Kumar Nat Resident of
                 village - Nayatola, Sabneema, P.S.- Athmalgola, Distt.- Patna, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anirudh Kumar Sinha, Adv.
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                  Heard Mr. Anirudh Kumar Sinha, learned counsel for

                   the petitioner and Mr. Surendra Prasad Singh, learned APP for

                   the State.

                                2. Petitioner seeks regular bail in connection with

                   Harnaut P.S. Case No. 344/ 2025 registered for the offence(s)

                   punishable under Sections 25(1-B)(a) and 26 of the Arms Act

                                3. The main submissions advanced by the petitioner’s

                   counsel are that all the seizure list witnesses are police

                   personnel who were members of the raiding party and there is

                   no independent witness of the alleged recovery of firearms

                   from the possession of this petitioner. It is further submitted that

                   the petitioner has been languishing in jail since 18.07.2025 and

                   though, against the petitioner there are criminal antecedents of

                   three cases but he is on bail in all the said cases and there is no
          Patna High Court CR. MISC. No.89160 of 2025(2) dt.12-01-2026
                                                      2/2




                    chance of tampering with the evidence by the petitioner upon

                    his release on bail as all the material witnesses of the

                    prosecution are police personnel.

                                 4. The learned APP appearing for the State has

                    opposed the bail prayer of the petitioner.

                                 5. Heard both the sides and perused the relevant

                    materials. Though, against this petitioner there is serious

                    allegation and against him there are criminal antecedents of

                    three cases but considering his custody period which has been

                    about five months and mainly taking into account the fact that

                    material witnesses of the prosecution who are to be examined in

                    the trial of the petitioner are police personnel, so, considering

                    theses aspects, this court is inclined to release the petitioner on

                    bail. Accordingly, let the petitioner named-above be released on

                    bail in connection with Harnaut P.S. Case No. 344/ 2025 on

                    furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the Court concerned on the condition that the petitioner shall be

                    released after framing of the charge if the same has not been

                    framed.


                                              (Shailendra Singh, J)
BKS/-
U     T

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