Patna High Court

Santosh Pandey @ Santosh Kumar PandeyversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused as the nature of the accusation and injury warranted denial of pre‑emptive release.

Summary

Santosh Pandey was arrested in connection with a case registered under Sections 115(2), 117(2), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita, alleging that he assaulted the father of an informant with an iron rod, causing grievous injury as certified by a doctor. The petitioner applied for anticipatory bail, fearing arrest. The learned counsel for the petitioner argued that the allegations did not warrant pre‑emptive release. The State opposed the bail, emphasizing the seriousness of the offences and the nature of the injury. After hearing both sides, the Court held that given the gravity of the accusations and the injury inflicted, anticipatory bail could not be granted. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a case involving alleged assault causing grievous injury under the Bharatiya Nyaya Sanhita.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 351(2), 352

Subjects

anticipatory bail
assault
grievous injury
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.152 of 2026
                   Arising Out of PS. Case No.-647 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Santosh Pandey @ Santosh Kumar Pandey S/o Late Surendra Pandey
                 Resident Of Vill- Babhanauli, Ps- Mahadeva, Dist- Siwan

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                           ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Bharat Lal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 115(2), 117(2), 109, 352,

                   351(2) of the Bharatiya Nyaya Sanhita.

                                3. It is alleged that petitioner assaulted on the head of

                   father of the informant with iron rod. Doctor has found grievous

                   injury.

                                4. Considering the nature of accusation and injury,

                   prayer for anticipatory bail of the petitioner is refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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