Patna High Court
Santosh Yadav @ Sanni SamratversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Santosh Yadav was arrested in connection with a dacoity alleged to have been carried out by ten unknown persons, for which he was charged under Section 310(2) of the B.N.S., 2023. The petitioner contended that he was falsely implicated, that no incriminating material was recovered from him, and that his name appeared only in a co‑accused’s confessional statement, which he argued lacks evidentiary value. He had been in custody since 10 October 2025 and had earlier been accused in four other cases, but had not previously applied for bail. The State opposed the bail application, citing the seriousness of the offence and the petitioner’s criminal antecedents. The High Court, after considering the circumstances, allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and imposing several conditions to ensure his cooperation with the investigation and trial.
Issues considered
- Whether bail should be granted to an accused in a dacoity case under Section 310(2) of the B.N.S., 2023, when the only evidence linking him is a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal accusations and the absence of prior bail applications preclude the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 310(2)
Subjects
- bail
- dacoity
- confessional statement
- criminal antecedents
- Section 310(2)
- B.N.S., 2023
- High Court
- conditions of bail
Judgment
`IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91767 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- BADDI District- Rohtas
======================================================
Santosh Yadav @ Sanni Samrat, Son of Ram Niwas Yadav @ Ram Niwas
Singh, Resident of Village - Karwasin, P.S.- Azimabad, District - Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Arbind Kumar, Advocate
For the State : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Baddi
P.S. Case No.163 of 2025, registered for the offences punishable
under Sections 310(2) of the B.N.S., 2023.
3. As per allegation, 10 unknown persons entered the
house of the Informant carrying gun and committed dacoity.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that nothing has been recovered from
the possession of the Petitioner. He also submits that the name
of the Petitioner has transpired only in the confessional
statement of the co-accused, which has no evidentiary value in
the eye of law.
Patna High Court CR. MISC. No.91767 of 2025(2) dt.15-01-2026
2/3
5. He further submits that the petitioner has been
languishing in jail since 10.10.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has earlier been made accused in four
other cases.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Concerned Court
below in connection with Baddi P.S. Case No.163 of 2025 on
the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
Patna High Court CR. MISC. No.91767 of 2025(2) dt.15-01-2026
3/3
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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