Santosh Pawan @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64854 of 2025 Arising Out of PS. Case No.-35 Year-2014 Thana- DARIHAT District- Rohtas ====================================================== Santosh Pawan @ Santosh Kumar, S/o Janeshwar Paswan, R/o village - Shiva bigha, P.S.- Hussainabad, District- Palamu, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Leelawati Kumari, Advocate Mr.Aman Vishal, Advocate For the Opposite Party/s :
Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Darihat P.S. Case No. 35 of 2014, registered for the alleged offence under Sections 25(1-B)a, 26, 35 of the Arms Act.
3. As per prosecution case, on the basis of information received from the Superintendent of Police, Ranchi about abduction of a person for ransom, a raid was conducted at an identified place and the petitioner and other co-accused persons were apprehended along with firearms and ammunitions. From the possession of this petitioner, recovery of a pistol and two live cartridges was made.
Patna High Court CR. MISC. No.64854 of 2025(2) dt.17-09-2025 2/3
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No incriminating article has been recovered from the person/possession of the petitioner. The petitioner was arrested on 13.08.2014 in connection with Budmu P.S. Case No. 46/2014 and he was remanded in this case on 09.09.2024. The learned counsel further submits that similarly placed co-accused persons have been granted bail by different Coordinate Benches of this Court vide orders dated 05.07.2019 and 04.06.2020 passed in Cr. Misc. Nos. 38151/2019 and 17190/2020, respectively. The charge sheet has been submitted. The petitioner is having criminal antecedent of two cases and in one case he has been convicted and in another case he has been acquitted.
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 Judicial Magistrate1st Class, Dehri-on-Sone, Rohtas at Sasaram, in connection
Patna High Court CR. MISC. No.64854 of 2025(2) dt.17-09-2025 3/3 with Darihat P.S. Case No. 35 of 2014, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure 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 be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T