Patna High Court

Santosh Kumar DasversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under the BNSS, 2023.

Summary

The petitioner, Santosh Kumar Das, was named in an FIR (Raghopur P.S. Case No.188 of 2025) alleging assault with an iron rod and other offences arising from a land measurement dispute between cousins. He applied for anticipatory bail, claiming innocence and that the dispute was civil in nature, not criminal, and that he has a clean criminal record. The State opposed the bail, emphasizing the petitioner’s inclusion in the FIR and the seriousness of the alleged offences. The Court considered the facts, the nature of the dispute, and the statutory provisions governing anticipatory bail. It ordered that the petitioner be released on anticipatory bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.30,000 and complying with conditions under Sections 2(1)(d) and 482(2) of the BNSS, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 in view of the offences alleged in the FIR.
Whether the underlying dispute is a civil land measurement issue that negates the criminal nature of the allegations.

Subjects

anticipatory bail
land dispute
assault
criminal procedure
bail bond
sections of penal code
civil dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10962 of 2026
                      Arising Out of PS. Case No.-188 Year-2025 Thana- RAGHOPUR District- Supaul
                 ======================================================
                 Santosh Kumar Das S/o Laxman Das R/o vill - Vishanpur, ward no. 7, P.S.-
                 Raghopur, Distt.- Supaul
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailendra Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                         Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Raghopur P.S. Case No.188 of 2025 lodged on 21.05.2025,

                   for the offences punishable under Sections 191(2), 190, 329(3),

                   126(2), 115(2), 109, 352, 303(2), 351(2) of the BNS.

                                3. As per the prosecution, FIR has been lodged against

                   eight named accused persons including the present petitioner

                   with specific allegation against the petitioner that he has

                   assaulted by kanti (iron rod) upon the informant due to which

                   injury has been caused.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that from the content of FIR, it becomes crystal

                   clear that the dispute has arisen for measurement of land

                   between the cousin and scuffling took place from both sides due
           Patna High Court CR. MISC. No.10962 of 2026(2) dt.12-03-2026
                                                       2/2




                     to which injury has been caused.

                                  5. Counsel further submits that the petitioner is not a

                     criminal rather at the spur of angerness, dispute has arisen

                     between them.

                                  6. Counsel submits that the criminal antecedent of the

                     petitioner is clean and ready to fulfill all the conditions

                     whatsoever shall be imposed upon him.

                                  7. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that the petitioner is named in

                     the FIR. He further submits that both parties are cousin and due

                     to measurement of land, dispute has arisen between them.

                                  8. As such, in the present facts and circumstances of

                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of A.C.J.M., Birpur in connection with Raghopur

                     P.S. Case No.188 of 2025, subject to the conditions as laid down

                     U/s 482(2) of the BNSS, 2023.



                                                                (Dr. Anshuman, J)
Prakashmani/-

U      T

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