Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35768 of 2026 Arising Out of PS. Case No.-42 Year-2025 Thana- SAKURABAD District- Jehanabad ====================================================== Santosh Kumar Son of Suresh Yadav Resident of Village- Mohmanna, P.S.- Tekari, District- Gaya Ji ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Chandni Kumari, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Shakurabad P.S. Case no. 42 of 2025 registered under sections 308(2) and 308(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that three of his employees working in the brick kiln were taken away by three unknown accused persons on their Scorpio vehicle and were told to tell their employer i.e. the informant herein to pay the commission or else to close down the brick kiln. Threats were given by them that if the amount is not paid, the consequences will be bad.
4. Learned counsel for the petitioner submits that the FIR was registered against unknown. Referring to the order of the learned
Patna High Court CR. MISC. No.35768 of 2026(2) dt.04-06-2026 2/3 trial Court, it is submitted that the petitioner was falsely implicated in the case in course of investigation because of his antecedents in the alleged confessional statement of co-accused made before police. It is submitted that the name of the petitioner is said to have transpired in the confessional statement of co-accused Ramashish Yadav and one Randhir Saw who have both been enlarged on bail vide order dated 26.5.2025 passed in Cr. Misc. no.32840 of 2025 and order dated 18.6.2025 passed in Cr. Misc. no. 36834 of 2025. No incriminating article has been recovered from the petitioner's possession and he is in custody since 3.1.2026. Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the material that has transpired in course of investigation as evident from the order of the learned trial Court, grant of bail to both the co-accused on whose confessional statement before the police the name of the petitioner transpired, no incriminating article having been recovered from the petitioner's possession and the petitioner being in custody since 3.1.2026, the Court directs the petitioner to be enlarged on bail in
Patna High Court CR. MISC. No.35768 of 2026(2) dt.04-06-2026 3/3 connection with Shakurabad P.S. Case no. 42 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jehanabad.
(Partha Sarthy, J) sauravkrsinha/- U T