Patna High Court
Santosh DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court ordered that both petitioners be released on regular bail.
Summary
The petitioners, Santosh Das and Lalsahab Kumar, were arrested in connection with FIR No.574 of 2025 alleging assault and related offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The informant claimed the accused attacked him and his son, causing serious injury and the son’s death, while the petitioners contended they were falsely implicated, with no overt act alleged against Lalsahab and only a non‑vital injury alleged against Santosh. The State opposed bail, citing the serious nature of the charges and the alleged common intention of the accused. The Court examined the FIR, investigation material, the fact that no allegation of assault on the deceased was made, and the petitioners’ prolonged custody since 13‑Oct‑2025, and noted that the charge‑sheet had already been filed. Accordingly, the Court granted regular bail to both petitioners on a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite charges under sections 109, 126(2), 115(2), 117(2), 352, 351(2), 351(3), 3(5) and 103 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations of assault on a non‑vital part of the body and the absence of any charge of assault on the deceased justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115, 117, 126, 3, 351, 352
Subjects
- regular bail
- assault
- non‑vital injury
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1052 of 2026
Arising Out of PS. Case No.-574 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Santosh Das, S/O Bhagelu Das, Resident of Village- Patpariya, Police
Station- Muffasil Motihari, District- East Champaran.
2. Lalsahab Kumar, S/O Yogi Das, Resident of Village- Patpariya, Police
Station- Muffasil Motihari, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Ashok Kumar Singh, Advocate
Mr. Anant Kumar Pandey, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
For the Informant : Mr. Dhannjay Kumar No 2, Advocate
Ms. Sonalika Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners have preferred this application for
grant of regular bail in connection with Motihari Muffasil P.S.
Case no.574 of 2025, registered under sections 109, 126(2),
115(2), 117(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 to which section 103 of the Bharatiya
Nyaya Sanhita, 2023 was added subsequently.
3. As per the prosecution case, the six named accused
persons including the two petitioners herein are said to have
come variously armed. The informant states that they started to
hurl abuses. On protest by the informant, Bhagelu Das is said to
Patna High Court CR. MISC. No.1052 of 2026(4) dt.01-04-2026
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have forcibly taken the informant whereafter Bhushan Das
struck him with an iron rod as a result of which he sustained
injuries in his right hand. Thereafter, Chandan Kumar and
Santosh Kumar assaulted with lathi and rod. On the son of the
informant coming to his rescue, it is stated that Bhushan Kumar
struck him with an iron rod on the head as a result of which he
fell down unconscious. On hulla being raised, the accused
persons went away giving threats.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. There is
case and counter case between the parties. So far as the
petitioner Lalsahab Kumar is concerned there is no overt act
alleged against him. With respect to the petitioner Santosh Das
it is submitted that there is no allegation of him having assaulted
the deceased. The allegation against him is of having assaulted
the informant on his leg which is a non-vital part of the body.
The petitioners are in custody since 13.10.2025 and undertake to
cooperate in the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the informant.
Learned counsel for the informant submits that both the
petitioners are named in the F.I.R. with direct allegation against
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them of having actively participated in the occurrence wherein
the son of the informant died as a result of brutal assault having
taken place out of the common intention of all persons. There is
specific allegation on Santosh Kumar of having assaulted the
informant with corresponding injury having been found on his
leg.
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, there
being no allegation of the petitioners having assaulted the
deceased, the allegation of assault on Santosh Kumar being on
non-vital part of the body of the informant together with the
petitioners having remained in custody since 13.10.2025 and
charge-sheet having been submitted in the case, both the
petitioners are directed to be enlarged on bail in connection with
Motihari Muffasil P.S. Case no.574 of 2025, on each of them
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, East Champaran, Motihari.
(Partha Sarthy, J)
avinash/-
U T
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