Patna High Court

Santosh Kumar OjhaversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: ANSUL

Holding

Bail was granted as the offence was deemed petty, the petitioner had a clean antecedent and had already been in custody for a considerable period.

Summary

Santosh Kumar Ojha applied for bail in a case (Bypass PS No.44 of 2026) alleging assault on the nose of an informant with an iron rod, charged under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged the assault caused grievous injuries, while the petitioner claimed innocence and highlighted a three‑day delay in recording the statement and filing the FIR. The State opposed bail, arguing the seriousness of the injuries. The court noted that the alleged assault was a petty dispute, the petitioner had a clean antecedent, and had already been in custody since 6 February 2026. Considering these factors, the court granted bail on a bond of Rs 10,000 with two sureties.

Issues considered

Whether bail should be granted in an assault case under sections 126(2), 115(2), 109, 303(2), 352, 351(2)(3)(5) of the Bharatiya Nyaya Sanhita
Whether the delay in recording the statement and filing the FIR affects the grant of bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 351(2), 351(3), 351(5), 352

Subjects

bail
assault
Bharatiya Nyaya Sanhita
delay in FIR
clean antecedent
petty offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24730 of 2026
                         Arising Out of PS. Case No.-44 Year-2026 Thana- BYPASS District- Patna
                 ======================================================
                 Santosh Kumar Ojha Son of Late Gopal Ojha Resident of Village - Ahiyapur,
                 Karbathi Bazar, P.S. - Gopalpur, Dist. - Gopalganj, Presently R/o at Maharani
                 Colony, Road No. - 1, P.S. - Bypass, Dist. - Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      M//s Jagjit Roshan, Anjani Kr, Shashank Shekhar,
                                                       Prashant Raj, Advocates
                 For the S t a t e         :      Mr.Anil Prasad Singh
                 For the I n f o r m a n t :      Mr Raj Krishna Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   16-04-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                    2. The petitioner seeks bail in connection with

                   Bypass PS Case No. 44 of 2026 instituted for the offence

                   punishable under Sections 126 (2), 115 (2), 109, 303 (2), 352,

                   351 (2) (3) (5) of the Bharatiya Nyaya Sanhita pending in the

                   Court of learned Judicial Magistrate, 01st Class, Patna City,

                   Patna.

                                    3. The prosecution case is that on 27.01.2026, a

                   fight took place where this petitioner is alleged to have assaulted

                   on the nose of the informant with an iron rod. The informant

                   sustained multiple injuries, some of which are grievous in
Patna High Court CR. MISC. No.24730 of 2026(2) dt.16-04-2026
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          nature.

                          4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has committed no offence and is in

          custody since 06.02.2026.               It is further submitted that the

          fardbayan was recorded in this case after three days delay. The

          consequent FIR was lodged on 05.02.2026.

                          5. Learned A.P.P. for the State and the learned

          counsel for the informant have vehemently opposed the prayer

          for grant of bail to the petitioner. Mr Raj Kishna Jha appears on

          behalf of the informant.             He submits that the injured has

          sustained injuries and his statement could only be recorded in

          the Hospital during the course of treatment and he is not

          concerned with the lodging of the FIR with the subsequent delay

          at all.

                          6. Considering that the allegation against the

          petitioner is of assault on the nose only and there seems to be a

          petty dispute which resulted in such assault which happened on

          the spur of the moment, clean antecedent of the petitioner and

          the period of custody undergone by the petitioner, this Court is

          inclined to grant bail to the petitioner.

                          7. Let the petitioner be released on bail on

          furnishing bail bonds of Rs.10,000/- (Ten thousand) with two
           Patna High Court CR. MISC. No.24730 of 2026(2) dt.16-04-2026
                                                       3/3




                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bypass PS Case No.

                     44 of 2026.


                                                      (Ansul, J)
M.E.H./-

U      T

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