Santosh Soni @ Santosh Sonar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26243 of 2025 Arising Out of PS. Case No.-29 Year-2024 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== Santosh Soni @ Santosh Sonar Son of Late Kapildev Sah Viilage- Jugharpur Gaurichak, P.S.- Gaurichak, District Patna ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhukar Anand, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar, APP For the informant : Mr. Kiran Kumar Sharma, Adv. Ranjeeta Sinha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section-305 of Bhartiya Nyay Sanhita, 2023.
3. As per allegation, the informant's articles including the ornaments were stolen away by known thieves while she was travelling by the train.
4. It has been submitted on behalf of the petitioner that the regular bail petition of three accused persons namely Chintu Kumar, Anand Kumar and Pramod Kumar was rejected
Patna High Court CR. MISC. No.26243 of 2025(5) dt.12-09-2025 2/3 by a common order dated 13-05-2025 in Cr. Misc. Nos. 17551 and 18695 of 2025 analogously with observation that they may renew their prayer for bail after six months. After stipulated time of six months, those accused persons moved before the court below itself and they were granted bail. According to learned counsel for the petitioner, the name of the petitioner transpired in confessional statement of co-accused persons who have been granted bail. The learned counsel has also submitted that nothing was recovered from possession of the petitioner and he is under custody since 31-01-2025 i.e. more than seven months.
5. On the otherhand, learned counsel for the informant as well as learned counsel for the State, Mr. Shailendra Kumar opposed the prayer for bail by submitting that the petitioner has also furnished his inculpatory confessional statement in which, he has confessed that he himself broke the lock of suitcase containing the ornaments but it has fairly been conceded that the confessional statement is not leading recovery. As such, it has no probative value.
6. Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.26243 of 2025(5) dt.12-09-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Railway Court, Patna in connection with Biharsharif Rail P.S. Case No. 29 of 2024. (Nawneet Kumar Pandey, J) A.K.V.//- U T