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Patna High Court - Orders

Santosh Sah vs The State Of Bihar on 5 May, 2026

Author: Ashok Kumar Pandey

Bench: Ashok Kumar Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28912 of 2026
                  Arising Out of PS. Case No.-72 Year-2026 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Santosh Sah Son of Parmeshwar @ Prama Sah Resident of Village - Gadariya
                 Balganga, Police Station - Raghunathpur, District - East Champaran.
                                                                                ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar, Advocate
                                                   Mr. Kanhaiya Kumar, Advocate
                                                   Mr. Ajeet Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 331(4), 305, 324(4), 308(5), 3(5) of the BNS.

3. The case of the prosecution, in short, is that the petitioner along with others have committed theft of a battery, inverter, CPR, DVR, and motor pump from the shop of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It has further submitted that from perusal of the FIR, it is clear that the names of the petitioner has surfaced on the basis of suspicion, as the petitioner along with others have threatened the informant Patna High Court CR. MISC. No.28912 of 2026(2) dt.05-05-2026 2/2 and have demanded Rs. 10,00,000/- as a levy, failing which, the informant will have to face the consequences. He has falsely been implicated in this case due to long standing enmity with the informant. Nothing has been recovered from the possession of these petitioner. Moreover, the petitioner is languishing in judicial custody since 20.02.2026. Learned counsel has further submitted that similarly situated other co-accused person has already been granted bail by this court vide Cr. Misc. No. 26731 of 2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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. The above named petitioner is directed to be released on bail in connection with Raghunathpur P.S. Case No. 72 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., East- Champaran at Motihari.

(Ashok Kumar Pandey, J) lata/-

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