Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5886 of 2026 Arising Out of PS. Case No.-43 Year-2025 Thana- KORHA District- Katihar ====================================================== Santosh Kumar, Son of Dinesh Singh, Resident of Village- Sishiya, P.S.- Korha, District- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md Musowir, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Korha P.S. Case No. 43 of 2025, registered for the alleged offence under Section 304(2) of BNS, 2023.

3. As per prosecution case, two miscreants riding a motorcycle snatched the mobile phone of the informant. The name of the petitioner transpired during investigation for being involved in the said occurrence.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of the petitioner and his name came up only

Patna High Court CR. MISC. No.5886 of 2026(2) dt.04-02-2026 2/3 on the basis of confessional statement of co-accused Abhishek Kumar. The petitioner is in custody since 06.11.2025 and is having antecedent of one case. The charge sheet has been submitted.

5. Learned APP vehemently opposes the submission made on behalf the petitioner.

6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar/court concerned, in connection with Korha P.S. Case No. 43 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to

Patna High Court CR. MISC. No.5886 of 2026(2) dt.04-02-2026 3/3 be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T