Patna High Court
Santosh Kumar @ Santosh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
Santosh Kumar was arrested on 18 November 2024 in connection with a case registered under Section 309(4) of the Bihar Narcotic Substances Act, 2023. He was not named in the FIR; his name emerged only from the confessional statement of co‑accused Ravi Kumar Sahni, and no incriminating material was recovered from him. The State opposed bail, highlighting that the petitioner has seven other criminal cases, two of which are already on bail. The court noted that the petitioner’s implication rests solely on a co‑accused’s confession and that no physical evidence links him to the offence. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedents.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR but is implicated solely through a co‑accused’s confessional statement.
- Whether the existence of multiple pending criminal cases against the accused precludes bail.
- Whether the absence of incriminating material in the accused’s possession justifies bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(4)
Subjects
- bail
- confessional statement
- co‑accused
- FIR
- Section 309
- criminal antecedent
- pending cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90997 of 2025
Arising Out of PS. Case No.-267 Year-2024 Thana- JANDAHA District- Vaishali
======================================================
Santosh Kumar @ Santosh Ram S/o Devendra Ram @ Takla Resident of
village - Dih Buchauli, P.S - Jandaha, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr.Umesh Kumar Yadav, learned counsel for
the petitioner and Mr.Umesh Lal Verma, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
18.11.2024 in connection with Jandaha P.S. Case No. 267 of
2024, F.I.R. dated 07.08.2024 registered for the offence
punishable under Section 309(4) of B.N.S., 2023.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation on the basis of the
confessional statement of co-accused person, namely, Ravi
Kumar Sahni, no incriminating article has been recovered from
possession of the petitioner and till date no TIP has been
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conducted by the prosecution and co-accused person, namely,
Ravi Kumar Sahni, who has confessed the name of the
petitioner, has been granted regular bail by a Coordinate Bench
of this Hon’ble Court vide order dated 20.05.2025 passed in Cr.
Misc. No.31867 of 2025. The police, after investigation,
submitted chargesheet against the petitioner and the petitioner
is in custody since 18.11.2024.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries seven more cases other than the present one
but fairly submits that out of seven cases, the petitioner is on
bail in two cases and rest fives are pending for consideration
before the competent court of law, as mentioned in para-3 of the
bail petition.
6. Considering the aforesaid fact, petitioner is not
named in the FIR, the name of the petitioner has been transpired
during investigation on the basis of the confessional statement
of co-accused person, namely, Ravi Kumar Sahni and co-
accused person, namely, Ravi Kumar has been granted regular
bail by a Coordinate Bench of this Hon’ble Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (Ten Thousand) with two sureties of the
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like amount each to the satisfaction of learned A.C.J.M.-VII,
Vaishali at Hajipur in connection with Jandaha P.S. Case No.
267 of 2024, with 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled 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
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)
Nitesh/-
U T
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