Patna High Court
Santosh Kumar @ Santosh Yadav @ Gulam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
Santosh Kumar (Petitioner) was implicated in an FIR dated 19-11-2025 alleging assault on an informant’s father with an iron rod, along with several other offences under the Bhartiya Nyaya Sanhita, 2023. The petitioner filed an anticipatory bail application, contending that the FIR’s allegation of a head injury was contradicted by the medical injury report, which recorded only a single injury. The State opposed the bail, arguing the seriousness of the offences. The Court observed the inconsistency between the FIR and the injury report and noted the presence of a case‑and‑counter‑case, concluding that the allegations did not justify denial of bail. Accordingly, the Court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties of equal amount, and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR alleging multiple serious offences.
- Whether the contradiction between the FIR allegation and the injury report warrants granting bail.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to prevent arrest in this case.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- FIR contradiction
- Section 482
- injury report
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3289 of 2026
Arising Out of PS. Case No.-1121 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Santosh Kumar @ Santosh Yadav @ Gulam Yadav Son of Chhotelal Yadav
R/O Village- Chitti, Ward No.- 03, P.S.- Madhepura (Ghailarh O.P), District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr.Pawan Kumar
For the State : Mr.Nand Kishore Prasad
For the Informant : Mr. Roshan Kumar Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 118(1),
109, 303(2), 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita,
2023.
3. As per F.I.R., on 19.11.2025 at about 6 PM, all the
accused persons including petitioner assaulted informant and his
family members. It is further alleged that this petitioner along
with co-accused Badlu Yadav assaulted on the head of father of
informant with iron rod.
4. Learned counsel for petitioner submits that though,
there is allegation against this petitioner and co-accused Badlu
Yadav that they assaulted on the head of father of informant
with iron rod, but only one injury has been found on the head of
Patna High Court CR. MISC. No.3289 of 2026(2) dt.02-02-2026
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informant’s father. Case and counter case.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the contradiction in the allegation
made in F.I.R. and injury report as well as case and counter
case, the prayer for anticipatory bail of petitioner is allowed. Let
the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Madhepura in connection with Madhepura (Ghailarh
O.P.) P.S. Case No. 1121 of 2025, subject to condition as laid
down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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