Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91499 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- SANGRAMPUR District- Munger ====================================================== Santosh Kumar Son of Prakash Yadav @ Prakash Prasad Yadav Resident of Village - Raikar, P.S.- Sangrampur, District - Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Sharda Nand Mishra, Advocate For the State :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-01-2026 Heard Mrs. Sharda Nand Mishra, learned counsel for the petitioner and Mr. Md. Matloob Rab, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 07.11.2025, in connection with Sangrampur P.S. Case No. 130 of 2025, F.I.R. dated 07.08.2025 registered for the offences punishable under Sections 191(2), 190, 109, 119(1), 308(2), 308(5), 308(4), 352, 351(2), 191(3) of B.N.S and Section 27 of the Arms Act.
3. Allegation against the petitioner is that he has threatened and assaulted the informant with lathi and arms, abused him and tried forcibly plough his filed.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.91499 of 2025(2) dt.13-01-2026 2/3 present case. He further submits that although the petitioner is named in the F.I.R. but there is no specific allegation of any assualt or overt act or firing attributed against the petitioner and the date of occurrence as alleged in the F.I.R. is 04.08.2025 bvut the present F.I.R. was instituted on 07.08.2025 after delay of three days without giving any explanation of delay and no one has injured in the present occurrence. He further submits that similarly situated co-accused persons namely Sachin Kumar, Subodh Yadav @ Bhutoo Yadav and Guddu Yadav have been granted bail vide order dated 03.12.2025 passed in Cr. Misc. Nos. 82003 of 2025 and Cr. Misc. No. 82422 of 2025 by a Coordinate Bench of this Court and the petitioner is in custody since 07.11.2025.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R. as well as the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that he is on bail in the pending matter.
6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.91499 of 2025(2) dt.13-01-2026 3/3 with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IVth, Munger in connection with Sangrampur P.S. Case No. 130 of 2025, subject to the following conditions :-
(1) 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) 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 antecedents, 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.
Ibrar//- (Rajesh Kumar Verma, J) U T