Santosh Kumar @ Santosh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90997 of 2025 Arising Out of PS. Case No.-267 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Santosh Kumar @ Santosh Ram S/o Devendra Ram @ Takla Resident of village - Dih Buchauli, P.S - Jandaha, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Yadav, Advocate For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-01-2026 Heard Mr.Umesh Kumar Yadav, learned counsel for the petitioner and Mr.Umesh Lal Verma, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 18.11.2024 in connection with Jandaha P.S. Case No. 267 of 2024, F.I.R. dated 07.08.2024 registered for the offence punishable under Section 309(4) of B.N.S., 2023.
3. The FIR of the occurrence of loot is against unknown.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person, namely, Ravi Kumar Sahni, no incriminating article has been recovered from possession of the petitioner and till date no TIP has been
Patna High Court CR. MISC. No.90997 of 2025(2) dt.13-01-2026 2/3 conducted by the prosecution and co-accused person, namely, Ravi Kumar Sahni, who has confessed the name of the petitioner, has been granted regular bail by a Coordinate Bench of this Hon'ble Court vide order dated 20.05.2025 passed in Cr. Misc. No.31867 of 2025. The police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 18.11.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries seven more cases other than the present one but fairly submits that out of seven cases, the petitioner is on bail in two cases and rest fives are pending for consideration before the competent court of law, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person, namely, Ravi Kumar Sahni and coaccused person, namely, Ravi Kumar has been granted regular bail by a Coordinate Bench of this Hon'ble Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.90997 of 2025(2) dt.13-01-2026 3/3 like amount each to the satisfaction of learned A.C.J.M.-VII, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 267 of 2024, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T