IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8227 of 2026 Arising Out of PS. Case No.-41 Year-2025 Thana- GURUA District- Gaya ======================================================

Santosh Kumar @ Santosh Mahto @ Santosh Mehta, S/o Upendra Mahto, R/o Village- Apaki, PS- Kasma, District- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 17-02-2026 1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Gurua P.S. Case no.41 and 2025, registered under section 310(2) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that while her husband had gone out, seven accused persons came and committed dacoity. It is stated that they took away jewellery worth Rs.85,000/-, Rs.5,000/- from the CSP besides other articles as described in the F.I.R.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. Referring to the material that has transpired in course of investigation as discussed in detail in the order of the learned trial Court, it is submitted that the petitioner was falsely implicated on the basis of his own confessional statement made before police. The cause of false implication of the petitioner is his antecedents. No incriminating article has been recovered from the petitioner’s possession and the petitioner has not been put on T.I. Parade inspite of being in custody since 5.4.2025. Charge-sheet has been submitted in the case and the petitioner undertakes to cooperate in the investigation/trial. It is finally submitted that co-accused Bali Bhuiyan has been enlarged on bail vide order dated 12.2.2026 passed in Cr. Misc. no.7711 of 2026.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired in course of investigation as discussed in detail in the order of the learned trial Court, no incriminating article having been recovered from the petitioner’s possession, the petitioner not having been put on T.I. Parade inspite of being in custody for 10 months since 5.4.2025 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Gurua P.S. Case no.41 and 2025, on furnishing bail bond of Rs.10,000/-

(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sherghati, Gaya.

(Partha Sarthy, J)

avinash/- U T