Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail as they have made out a prima facie case for its grant.
Summary
The petitioners Jitendra Kumar and Santosh Kumar were arrested in connection with FIR No. 259/2025 alleging they abused the informant's mother, called her a witch and snatched a jitiya. They claimed innocence, stating the incident stemmed from a petty neighbour dispute and that they have clean antecedents. The State opposed pre‑arrest bail, while the petitioners argued that a co‑accused had already been granted bail and that the case involves a case‑and‑counter‑case scenario. The Court, after reviewing the FIR and submissions, found a prima facie case for bail given the petitioners' clean record and the nature of the dispute. Accordingly, the Court ordered their release on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and verification of any other criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the nature of the dispute and the petitioners' clean antecedent justify granting bail despite serious charges under the BNSS and Bihar Dayan Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 75
Subjects
- pre‑arrest bail
- neighbor dispute
- assault
- witchcraft allegation
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- Bihar Dayan Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9693 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Jitendra Kumar Son of Vishnu Dayal Yadav @ Vishnu Dyal Prasad Resident
of Village- Balathakur, P.S.- Naubatpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 23109 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Santosh Kumar S/o Kapildev Yadav R/o Village - Bala Thakur, P.S -
Naubatpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 9693 of 2026)
For the Petitioner/s : Mr.Sudhanshu Shekhar, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 23109 of 2026)
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 06-05-2026 Heard learned counsels appearing on behalf of the
petitioners and learned APPs for the State.
2. The petitioners seek pre-arrest bail in connection
with Naubatpur P.S. Case No. 259/2025 registered for the
offence(s) punishable under Sections
126(2),115(2),118(1),109,303(2),75,352,351(2),3(5) of the
Patna High Court CR. MISC. No.9693 of 2026(3) dt.06-05-2026
2/3
Bharatiya Nyaya Sanhita and Sections 3,4 of Bihar Dayan Act,
1999.
3. As per the allegation made in the FIR, the
petitioners along with other accused abused the mother of
informant by calling her a witch and snatched jitiya from her
neck.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. Both parties are
close-door neighbours and due to petty dispute altercation took
place between the parties. Other co-accused has been enlarged
on pre-arrest bail by this Court. There is case and counter case
between the parties. The petitioners have clean antecedent. On
these grounds the petitioners seek to be released on pre-arrest
bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR it appears that the parties, being close-door neighbours,
entered into an altercation arising out of a petty dispute. The co-
accused has already been granted pre-arrest bail by this Court,
Patna High Court CR. MISC. No.9693 of 2026(3) dt.06-05-2026
3/3
and there is a case and counter-case between the parties. In these
circumstances, I am of the opinion that the petitioners, having
clean antecedent, have, prima facie, made out a case for grant of
pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District Court where the case
is pending / Concerned Court in connection with Naubatpur P.S.
Case No. 259/2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
Checking your session…