Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and specific conditions.
Summary
Santosh Kumar was arrested on 7 November 2025 in connection with FIR No. 130 of 2025 alleging offences under several sections of the Indian Penal Code and Section 27 of the Arms Act, including threats, assault with a lathi and arms, and attempts to plough a field. The petitioner contended that he was falsely implicated, that the FIR was filed three days after the alleged incident without explanation, and that no specific overt act was attributed to him. He also highlighted that co‑accused persons had already been granted bail in similar cases. The State opposed bail, noting the seriousness of the charges and that the petitioner was already on bail in another pending matter. The Court, after considering the circumstances, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was conditioned on verification of the petitioner’s criminal antecedents and allowed for cancellation upon breach of the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC and Arms Act
- Whether the delay in filing the FIR and lack of specific allegation against the petitioner justify bail
- Whether the granting of bail to co‑accused persons influences the decision on the petitioner’s bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 109, 119(1), 190, 191(2), 191(3), 308(2), 308(4), 308(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- serious offences
- delay in FIR
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91499 of 2025
Arising Out of PS. Case No.-130 Year-2025 Thana- SANGRAMPUR District- Munger
======================================================
Santosh Kumar Son of Prakash Yadav @ Prakash Prasad Yadav Resident of
Village - Raikar, P.S.- Sangrampur, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Sharda Nand Mishra, Advocate
For the State : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mrs. Sharda Nand Mishra, learned counsel for
the petitioner and Mr. Md. Matloob Rab, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
07.11.2025, in connection with Sangrampur P.S. Case No. 130
of 2025, F.I.R. dated 07.08.2025 registered for the offences
punishable under Sections 191(2), 190, 109, 119(1), 308(2),
308(5), 308(4), 352, 351(2), 191(3) of B.N.S and Section 27 of
the Arms Act.
3. Allegation against the petitioner is that he has
threatened and assaulted the informant with lathi and arms,
abused him and tried forcibly plough his filed.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.91499 of 2025(2) dt.13-01-2026
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present case. He further submits that although the petitioner is
named in the F.I.R. but there is no specific allegation of any
assualt or overt act or firing attributed against the petitioner and
the date of occurrence as alleged in the F.I.R. is 04.08.2025 bvut
the present F.I.R. was instituted on 07.08.2025 after delay of
three days without giving any explanation of delay and no one
has injured in the present occurrence. He further submits that
similarly situated co-accused persons namely Sachin Kumar,
Subodh Yadav @ Bhutoo Yadav and Guddu Yadav have been
granted bail vide order dated 03.12.2025 passed in Cr. Misc.
Nos. 82003 of 2025 and Cr. Misc. No. 82422 of 2025 by a
Coordinate Bench of this Court and the petitioner is in custody
since 07.11.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner is named in the F.I.R.
as well as the petitioner carries one more case other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that he is on bail in the pending matter.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.91499 of 2025(2) dt.13-01-2026
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with two sureties of the like amount each to the satisfaction of
learned A.C.J.M. IVth, Munger in connection with Sangrampur
P.S. Case No. 130 of 2025, subject to the following conditions :-
(1) 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 cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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