Patna High Court
Santosh Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the allegations, though general, were of a serious nature involving grievous injuries.
Summary
The petitioner, Santosh Kumar Ray, applied for anticipatory bail after being implicated in an FIR alleging that he and co‑accused brutally assaulted an informant, causing grievous injuries. The FIR charges him under multiple sections of the B.N.S., 2023, including offences relating to assault and grievous hurt. The petitioner argued that the injury report shows grievous injuries but no specific overt act can be directly linked to him, describing the allegations as general and omnibus, and highlighted his clean antecedent. The State opposed the bail, and the informant’s counsel was also heard. The Court examined whether the allegations, though not specifically tied to the petitioner, were sufficient to justify denial of anticipatory bail. Considering the seriousness of the accusations and the nature of the offences, the Court rejected the petitioner's prayer for anticipatory bail. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- What is the appropriate standard for granting anticipatory bail when the allegations are general and not specifically linked to the petitioner?
- Whether the presence of grievous injuries to the informant, without a specific overt act attributed to the petitioner, suffices to deny anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 127(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal law
- assault
- grievous injury
- bail jurisprudence
- section 126
- section 127
- section 115
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2301 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Santosh Kumar Ray S/o Rambahadur Rai @ Rambahadur Ray R/o Village -
Samartha, P.S - Bibhutipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner, learned
A.P.P for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 126(2), 127(2),
115(2), 118(1), 117(2), 109, 303(2), 352, 351(2), 3(5) of the
B.N.S., 2023.
3. As per F.I.R., this petitioner along with other co-
accused persons brutally assaulted on different parts of body of
informant, on account of which, informant sustained grievous
injuries.
4. Learned counsel for the petitioner submits that
though, as per injury report, the informant sustained grievous
injuries, but no specific overt act has been attributed to this
petitioner, rather allegation of assault is general and omnibus.
Case and counter case. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.2301 of 2026(2) dt.31-01-2026
2/2
5. However, considering the nature of accusation, the
prayer for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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