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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.961 of 2026 Arising Out of PS. Case No.-61 Year-2025 Thana- BEGUSARAI RAIL P.S. DistrictBegusarai ====================================================== Santosh Kumar @ Nariyal @ Santosh Kumar Nariyal S/o Kripal Ram R/o Village - Ram Chandrapur, Ward no. 11, P.S - Mahenshkhunt, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Begusarai Rail P.S. Case No. 61 of 2025 instituted for the offence under Sections 305(c) & 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

That the prosecution case, in brief, is that on 03/09/2025, while travelling with his parents in Katihar Express (Coach S-11), the informant found his trolley bag cut and Rs. 50,000/- along with an ATM card stolen by 3-4 unknown persons at Barauni/Begusarai. One accused, Dablu Mandal, was apprehended and handed over to GRP Khagaria, from whom a

Patna High Court CR. MISC. No.961 of 2026(2) dt.21-01-2026 2/3 mobile phone and SIM were recovered.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.10.2025. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Dablu Mandal. Nothing has been recovered from the conscious possession of the petitioner. Save and except confessional statement of the co-accused, there is no material against the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no recovery from the petitioner's possession and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

Patna High Court CR. MISC. No.961 of 2026(2) dt.21-01-2026 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Begusarai Rail P.S. Case No. 61 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T