Santlal Chaudhary @ Santlal Sah @ Santlal KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23532 of 2026
                     Arising Out of PS. Case No.-203 Year-2025 Thana- SAHIYARA District- Sitamarhi
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                 Santlal Chaudhary @ Santlal Sah @ Santlal Kumar S/O Madan Sah R/O
                 Village- Maudah, P.S- Sahiyara, Distt.-Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushpendra Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   03-06-2026                  Heard learned Advocate for the petitioner and learned

                   APP for the State through virtual mode.

                                2. The petitioner apprehends his arrest in connection

                   with Sahiyara P.S. Case No.203 of 2025 registered for the

                   offences punishable under Sections 126(2), 115(2), 117(2)

                   109(1), 352 and 3(5) of the BNS.

                                3. Allegedly, on account of a previous dispute, the

                   informant entered into an altercation with co-accused Madan

                   Sah. Thereafter, the other accused persons allegedly arrived at

                   the place of occurrence, abused the informant and assaulted

                   him. It is specifically alleged that the present petitioner

                   assaulted the informant with a brick over his head; however, the

                   brick struck his nose, resulting in profuse bleeding. The injury

                   sustained by the informant is stated to have been opined as
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          grievous in nature.

                       4. Learned Advocate for the petitioner submitted that

          the alleged occurrence took place at about 11:00 AM on

          29.10.2025, but the fardbeyan of the informant was recorded on

          02.11.2025 and the formal FIR came to be instituted on

          12.11.2025, and as such, the exaggeration and false implication

          of the petitioner cannot be ruled out. It is further contended that

          even after the allegation is taken to be true, for the sake of

          argument, the means of assault is nothing but a brick and

          therefore the petitioner cannot be said to have acted with any

          premeditated criminal intent. The petitioner bears fair

          antecedent. It is also contended that the other co-accused

          persons have been allowed the privilege of anticipatory bail. To

          support the aforesaid contention, copies of the orders passed in

          Criminal Miscellaneous Nos. 9606 of 2026 and 13882 of 2026

          have been placed on record as Annexures-2 and 3 to the bail

          application.

                       5. On the other hand, the learned Advocate for the

          State and the informant vehemently opposed the bail application

          and submitted that the injury which is sustained over the nose of

          the informant and duly attributed to the petitioner is found to be

          grievous in nature. The reason behind the delay in lodging the
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          case is that the petitioner was getting his treatment in the

          hospital and from where his fardbyan was recorded.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the genesis of the occurrence, coupled with the nature of the

          weapon allegedly used in the commission of the offence as also

          the fair antecedent of the petitioner and the fact that other co-

          accused persons have been extended the privilege of

          anticipatory bail, let the above named petitioner, be released on

          bail, in the event of his arrest or surrender before the learned

          Court below within a period of four weeks from today, on

          furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Judicial Magistrate 1st Class, Sitamarhi in connection with

          Sahiyara P.S. Case No.203 of 2025, subject to the condition as

          laid down under Section 482(2) of the BNSS, with further

          following conditions:-

                       (i) One of the bailors shall be the own/close family

          members of the petitioner.

                       (ii) If the petitioner is found involve in intimidating/

          threatening the witnesses or the informant or would indulge in

          such activities in future, the informant/State shall be at liberty to
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                        file appropriate application for cancellation of his bail bond(s).



                                                    (Harish Kumar, J)
rohit/-

U         T