Santosh Kumar Mohite @ Santosh Mohite v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43973 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== Santosh Kumar Mohite @ Santosh Mohite S/o Raja Ram Mohite R/VillK.P.Road, Tower Chowk, P.S.- Kotwali, Distt-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Kumar, Adv For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Pakribarawan Police Station P.S Case No. 36 of 2025 registered for the offences punishable under Sections 305 and 331(4) of the BNS
3. As per allegation in the FIR, petitioner along with other co-accused persons had committed dacoity in the informant's shopy and stolen gold and silver jewelries of worth Rs. 12,50,000/-.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner has been made accused in the present
Patna High Court CR. MISC. No.43973 of 2025(3) dt.03-09-2025 2/3 matter mainly on the basis of the confessional statement of the co-accused namely Md. Raza @ Razzak @ Md. Raja @ Rajak and except this there is no any other material or evidence to connect him to the alleged theft and the police fails to recover any incriminating material including any part of the stolen ornaments from the possession of this petitioner or on the basis of any disclosure made by him. It is further submitted that the petitioner has been languishing in jail since 29.04.2025. He further submits that other co-accused has been granted bail vide Cr. Misc. No. 47330 of 2025 and 50689 of 2025.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, case diary and impugned order dated 10.06.2025, it appears that petitioner's name has been figured from the confessional statement of the co-accused namely Md. Raza @ Razzak @ Md. Raja @ Rajak who has already been granted bail by the Co-ordinate Bench of this Court vide order dated 11.08.2025 in Cr. Misc. No. 50689 and other accused person has already been granted bail vide Cr. Misc. No. 47330 of 2025, so considering the aforesaid facts and materials available on record, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.43973 of 2025(3) dt.03-09-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Nawada in connection with Pakribarawan Police Station P.S Case No. 36 of 2025 (Ramesh Chand Malviya, J) sunnykr/- U