Santosh Kumar @ Santosh Kumar Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89160 of 2025 Arising Out of PS. Case No.-344 Year-2025 Thana- HARNAUT District- Nalanda ====================================================== Santosh Kumar @ Santosh Kumar Nat S/o Shiv Kumar Nat Resident of village - Nayatola, Sabneema, P.S.- Athmalgola, Distt.- Patna, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-01-2026 Heard Mr. Anirudh Kumar Sinha, learned counsel for the petitioner and Mr. Surendra Prasad Singh, learned APP for the State.

2. Petitioner seeks regular bail in connection with Harnaut P.S. Case No. 344/ 2025 registered for the offence(s) punishable under Sections 25(1-B)(a) and 26 of the Arms Act

3. The main submissions advanced by the petitioner's counsel are that all the seizure list witnesses are police personnel who were members of the raiding party and there is no independent witness of the alleged recovery of firearms from the possession of this petitioner. It is further submitted that the petitioner has been languishing in jail since 18.07.2025 and though, against the petitioner there are criminal antecedents of three cases but he is on bail in all the said cases and there is no

Patna High Court CR. MISC. No.89160 of 2025(2) dt.12-01-2026 2/2 chance of tampering with the evidence by the petitioner upon his release on bail as all the material witnesses of the prosecution are police personnel.

4. The learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Heard both the sides and perused the relevant materials. Though, against this petitioner there is serious allegation and against him there are criminal antecedents of three cases but considering his custody period which has been about five months and mainly taking into account the fact that material witnesses of the prosecution who are to be examined in the trial of the petitioner are police personnel, so, considering theses aspects, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Harnaut P.S. Case No. 344/ 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned on the condition that the petitioner shall be released after framing of the charge if the same has not been framed.

(Shailendra Singh, J) BKS/- U T