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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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