Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for regular bail.
Summary
Santosh Kumar was arrested in August 2024 in connection with an alleged assault under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed that the incident was a minor village dispute, that no serious injury occurred, and that he was also assaulted by the complainant. The State opposed bail, arguing the seriousness of the offences. After considering the nature of the allegations, the length of custody, and the material on record, the court found no compelling reason to keep the petitioner detained. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties and imposed conditions of periodic police‑station attendance and regular trial participation. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the circumstances of the alleged assault and the period of custody justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- assault
- custody
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26921 of 2026
Arising Out of PS. Case No.-999 Year-2024 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Santosh Kumar S/o Shiv Sharan Sah @ Saran Sah R/o Village - Jhapahan
Dih, P.S - Ahiyapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur
For the Opposite Party/s : Mr. Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Ahiyapur P.S. Case No. 999 of 2024 registered for the offence
under Section(s) 126(2), 115(2), 118(1), 109 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is said to
have assaulted the victim causing injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 08.08.2024. It is further submitted
that the petitioner and the informant are co-villagers and, due to
a petty dispute with regard to a village matter, there was a
simple scuffle between the parties, and no one sustained any
Patna High Court CR. MISC. No.26921 of 2026(2) dt.22-04-2026
2/3
severe injury. It is further submitted that the petitioner was also
assaulted by the prosecution side.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the nature of allegation, the period of custody and the materials
available on record, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) 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 Ahiyapur P.S. Case
No. 999 of 2024 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Ahiyapur Police Station on
the first and third Sunday of each month.
Any default in appearance at the Police
Station would result in cancellation of bail
bond of the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.26921 of 2026(2) dt.22-04-2026
3/3
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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