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Patna High Court

Santosh Kumar @ Santosh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond of Rs.10,000 and two sureties, under the conditions of Section 438(2) CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Santosh Kumar, sought anticipatory bail fearing arrest in a case (Barahiya P.S. Case No. 177 of 2025) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, including assault and attempt to murder. The allegations stem from a land dispute where the petitioner allegedly struck an informant with an iron rod, causing various injuries. The petitioner argued the existence of a counter‑case and highlighted his two prior criminal antecedents, noting he was already on bail in another matter. The State opposed the bail, emphasizing the seriousness of the charges and the potential for the petitioner to evade trial. The Court, considering the precedent of a similar anticipatory bail grant to Rajeev Kumar and applying Sections 438(2) of the CrPC and 482(2) of the Bharatiya Nagarik Suraksha Sanhita, ordered that the petitioner be released on bail upon furnishing a bond and sureties, subject to standard conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure
  • Whether the nature of the offences and the petitioner’s criminal antecedents preclude the grant of bail
  • Whether the precedent of a similar bail order in Rajeev Kumar’s case is applicable

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 Bharatiya Nagarik Suraksha Sanhita
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32119 of 2026
                     Arising Out of PS. Case No.-177 Year-2025 Thana- BARHIYA District- Lakhisarai
                 ======================================================
                 Santosh Kumar @ Santosh Kumar Singh S/o Ramchandra Singh R/o Village -
                 Khutahadih, P.S. - Barahiya, Dist. - Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajive Ranjan Singh
                 For the Opposite Party/s :       Mr.Amitesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   13-05-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. As prayed defect(s) is ignored as pointed out by the

                   Registry at the risk of learned counsel for the petitioner.

                                3. The petitioner is apprehending his arrest in

                   connection with Barahiya P.S. Case No. 177 of 2025 registered

                   for the offences punishable under Sections 191(2), 126(2), 115,

                   109(1), 303(2), 308(3), 352 and 351(2) of the Bharatiya Nyaya

                   Sanhita, 2023.

                               4. The allegation against the petitioner is of assaulting

                   the informant on head with iron rod. The injury report of Chiku

                   Kumar reads as under:-

                               (1) Little finger -Swollen.

                               (2) Left hand – Swollen + cut injury
Patna High Court CR. MISC. No.32119 of 2026(2) dt.13-05-2026
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                      (3) An abrasion behind left ear.

                      (4) Scratch injury over left eyebrow

                      (5) Abrasion over left hand + upper body.

                      (6) Head swelling.

                      5. Learned counsel for the petitioner submits that there

          is a case and counter case. Except the present case petitioner

          bears two criminal antecedents and he is on bail in one case.

                      6. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail of the petitioner.

                       7. That the matter arose in the backdrop of a land

          dispute and the injury on head is not very much visible from the

          injury report and similarly situated person Rajeev Kumar has

          been allowed Anticipatory Bail on 08.04.2026 vide Crimimal

          Miscellaneous no. 19384 of 2026.

                       8. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Chief Judicial Magistrate, Lakhisarai

          in connection with Barahiya P.S. Case No. 177 of 2025, subject

          to the conditions as laid down under Section 438(2) of the Code
           Patna High Court CR. MISC. No.32119 of 2026(2) dt.13-05-2026
                                                       3/3




                     of Criminal Procedure / Section 482(2) of the Bharatiya Nagarik

                     Suraksha Sanhita.

                                  9. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     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.



                                                       (Ansul, J)
abhishekkr/-

U      T


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