Patna High Court
Santosh Kumar @ Nariyal @ Santosh Kumar NariyalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as there is no material recovered from the petitioner and his implication appears to be false.
Summary
Santosh Kumar Nariyal was arrested in connection with a theft case (Begusarai Rail P.S. Case No. 61 of 2025) under Sections 305(c) and 317(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that Rs. 50,000 and an ATM card were stolen from his trolley bag on a train, and a co‑accused, Dablu Mandal, implicated him through a confessional statement. The petitioner, who has been in custody since 31‑Oct‑2025 and has three prior criminal antecedents, contended that he was falsely implicated, is not named in the FIR, and no material was recovered from his possession. The State opposed bail, citing the seriousness of the offences and his antecedents. Considering the lack of direct evidence against him and the manner of his implication, the Court granted bail on a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite prior criminal antecedents and the seriousness of the offences under Sections 305(c) and 317(5) of the Bharatiya Nyaya Sanhita.
- Whether the confessional statement of a co‑accused suffices to justify continued detention in the absence of material recovered from the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305(c), 317(5)
Subjects
- bail
- false implication
- theft
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Sections 305
- Section 317
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.961 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- BEGUSARAI RAIL P.S. District-
Begusarai
======================================================
Santosh Kumar @ Nariyal @ Santosh Kumar Nariyal S/o Kripal Ram R/o
Village - Ram Chandrapur, Ward no. 11, P.S - Mahenshkhunt, District -
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Begusarai Rail P.S. Case No. 61 of 2025 instituted for the
offence under Sections 305(c) & 317(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. That the prosecution case, in brief, is that on
03/09/2025, while travelling with his parents in Katihar Express
(Coach S-11), the informant found his trolley bag cut and Rs.
50,000/- along with an ATM card stolen by 3–4 unknown
persons at Barauni/Begusarai. One accused, Dablu Mandal, was
apprehended and handed over to GRP Khagaria, from whom a
Patna High Court CR. MISC. No.961 of 2026(2) dt.21-01-2026
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mobile phone and SIM were recovered.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 31.10.2025. Petitioner
bears three criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused, namely, Dablu Mandal. Nothing has been recovered
from the conscious possession of the petitioner. Save and except
confessional statement of the co-accused, there is no material
against the petitioner.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
recovery from the petitioner’s possession and manner of
petitioner’s implication, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
Patna High Court CR. MISC. No.961 of 2026(2) dt.21-01-2026
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of the like amount each to the satisfaction of Court
below/concerned Court in connection with Begusarai Rail P.S.
Case No. 61 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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