Patna High Court
Santosh Dubey @ Santosh Kumar DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
Santosh Dubey and Vinod Dubey applied for anticipatory bail after a FIR was lodged alleging they assaulted the husband and brother‑in‑law of an informant with a sword and iron rod, causing injuries that the court described as simple. The dispute stems from a land conflict between the parties, who are pattidars, and a prior case involving the informant’s wife had been settled in a Lok Adalat. The State opposed the bail, citing multiple offences under the B.N.S. and Section 27 of the Arms Act. The court considered the nature of the injuries, the underlying land dispute, and the possibility of cooperation with the investigation. It granted anticipatory bail on the condition that the petitioners surrender within four weeks, furnish a bail bond of Rs 10,000 with two sureties, and comply with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S., including having a family member as a bailor and cooperating with the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the offences alleged.
- Whether the simple nature of the injuries and the land dispute context justify bail.
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 109, 115(2), 118(1), 190, 191(2), 303(2), 329(3), 3(5), 74
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- simple injury
- pattidar
- Criminal Procedure Code
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19590 of 2026
Arising Out of PS. Case No.-309 Year-2024 Thana- GUTHANI District- Siwan
======================================================
1. Santosh Dubey @ Santosh Kumar Dubey S/o Ramayan Dubey R/o Vill-
Tadwa Khurd, P.S- Guthani, Dist- Siwan
2. Vinod Dubey @ Binod Kumar Dubey S/o Ramayan Dubey R/o Vill- Tadwa
Khurd, P.S- Guthani, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Kumar Singh
For the Opposite Party/s : Mr.Renu Kumari
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections
191(2), 190, 329(3), 115(2), 118(1), 109, 74, 303(2), 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3. Petitioners are said to have assaulted the husband of
the informant and Chandan Dubey and Mritunjay Dubey with
sword and iron rod causing severe injury to them.
4. Learned counsel for the petitioners submits that the
petitioners and informant side are pattidars and there is a land
dispute between the parties. Earlier also, a case had been filed
by the present informant’s wife which resulted in a compromise
Patna High Court CR. MISC. No.19590 of 2026(2) dt.06-04-2026
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in a Lok Adalat. Subsequently, the present case has once again
been lodged imputing allegations against the petitioners of
assaulting the informant’s husband and her brother-in-law
causing lacerated wound however, the injuries have been found
to be simple in nature as would be evident from the bail
rejection order.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the parties are
pattidars having land dispute between them and the injuries are
also simple in nature, let the above named petitioners in the
event of their arrest or surrender before the learned Court below
within a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned court below where the case is pending/successor
court in connection with Guthani P.S. Case No. 309 of 2024,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C./482(2) of the B.N.S.S., subject to the conditions that:
(I) One of the bailors would be the family member
or relative.
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(II) The petitioners are directed to cooperate in the
investigation/trial.
(Soni Shrivastava, J)
devendra/-
U T
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