Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77305 of 2025 Arising Out of PS. Case No.-206 Year-2025 Thana- RANIYATALAB District- Patna ====================================================== Santosh Kumar Son of Yugeshwar Rai R/O Village - Pali Halt, P.S.- Bihta, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP For the Informant :
Mr. Patanjali Rishi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-02-2026 Heard Mr. Rakesh Bihari Singh, learned counsel for the petitioner, Mr. Choubey Jawahar, learned APP for the State, Mr. Patanjali Rishi, learned counsel for the informant and perused the case diary.
2. The petitioner seeks bail in connection with Rani Talab P.S. Case No. 206 of 2025, instituted for the offences punishable under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that during a cricket match, when the winning team was being awarded by the guest, some miscreants made indiscriminate firing upon the guest and fled away from the spot due to which three persons sustained injuries.
Patna High Court CR. MISC. No.77305 of 2025(3) dt.03-02-2026 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner is not named in the FIR and has been arrested only on the basis of suspicion. Name of the petitioner has transpired in this case on the basis of CDR because at the time of the alleged occurrence the mobile number of the petitioner was active on the place of occurrence. It is further submitted that no specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. The petitioner is in custody since 04.06.2025 and has got no criminal antecedent. Learned counsel for the petitioner next submitted that other co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 28.01.2026 passed in Cr. Misc. No. 1335 of 2026.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody
Patna High Court CR. MISC. No.77305 of 2025(3) dt.03-02-2026 3/3 undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rani Talab P.S. Case No. 206 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the prosecution will have liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Rajorshi/- U T