Santosh Kumar @ Santosh Bakariya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1113 of 2026 Arising Out of PS. Case No.-177 Year-2024 Thana- BARBIGHA District- Sheikhpura ====================================================== Santosh Kumar @ Santosh Bakariya Son of Sabha Ray Resident of- Kagji Mohalla Mitan Chak, P.S.- Danapur, District- Patna, At present Resident of Danapur Cantt., Danapur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Anjali Kumari, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Sessions Trial No. 119 of 2025, I.A. No. 03/2025 arising out of Barbigha P.S. Case No. 177 of 2024 registered for the offence punishable under Section 309(4) of the B.N.S., 2023.
3. The case of the prosecution in short is that unknown miscreants have looted altogether Rs. 25,44,275/- from Axis Bank, Barbigha branch on the gunpoint.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that the FIR
Patna High Court CR. MISC. No.1113 of 2026(3) dt.05-02-2026 2/3 was lodged against unknown miscreants. Nothing has been recovered from the possession of this petitioner. He also submits that the name of this petitioner has surfaced during the course of investigation in the confessional statement of co-accused person namely, Ghanshyam Bharti @ Chhotan. He also submits that no TIP has been conducted. He further submits that similarly situated co-accused person namely, Ghanshyam Bharti @ Chhotan has already been granted bail by the learned coordinate bench of this court in Cr. Misc. No. 72063 of 2025. Moreover, petitioner is languishing in judicial custody since 24.01.2025.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of twelve cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall mark his attendance weekly at Danapur P.S. and cooperate in the trial and shall remain physically present on each and every date fixed by the learned trial court, till the conclusion of the trial. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two
Patna High Court CR. MISC. No.1113 of 2026(3) dt.05-02-2026 3/3 sureties of the like amount each to the satisfaction of the learned Principal District & Sessions Judge, Sheikhpura in connection with Sessions Trial No. 119 of 2025, I.A. No. 03/2025 arising out of Barbigha P.S. Case No. 177 of 2024.
(Ashok Kumar Pandey, J) Sudhanshu/- U T