Patna High Court
Santosh Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the prima facie case of intent to cause death was not established, and therefore bail was granted.
Summary
Santosh Kumar Sharma was named in an FIR for multiple offences under the Bihar Penal Code, alleged to have assaulted an informant with intent to cause death over a parking dispute. The petitioner argued that the injury was simple, there was no intention to cause death, and he had a clean antecedent, relying on the Supreme Court’s decision in State of Himachal Pradesh v. Shamsher Singh (2025 INSC 503). The State opposed bail. The court examined the medical report and the nature of the alleged assault, finding no prima facie evidence of intent to cause death and noting the assault was not repeated. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the facts alleged in the FIR establish a prima facie case of intent to cause death justifying denial of bail
- Whether the nature of the injury and medical evidence negate the intention element required for the charged offences
- Whether bail can be granted under Section 482(2) of the Bihar Criminal Procedure Code in the present circumstances
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- intent to cause death
- medical evidence
- clean antecedent
- section 482 CrPC
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36635 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- KOTWALI District- Patna
======================================================
Santosh Kumar Sharma S/O Vishwanath Singh R/O House No.- 33, Choti
Tangrilla, Amarpura, P.S- Paliganj, Distt.- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Bharti, Adv.
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Kotwali P.S. Case
No. 35 of 2026 registered for the offences punishable under
Sections 126(2), 115(2), 109(1), 351(2), 303(2), 352 and
3(5) of BNS.
3. The allegation against petitioner is to assault
informant on his head where alleged assault was made with an
intention to cause death of the informant/ injured, where
scuffle took place due to parking issue of the vehicle.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the allegation, as per FIR, is to
cause only single assault, where nature of injury upon medical
examination found simple in nature which negate prima-facie
that petitioner was under intention to cause death of the
informant. In support of his submission learned counsel relied
Patna High Court CR. MISC. No.36635 of 2026(2) dt.16-06-2026
2/2
upon the legal report of Hon’ble Supreme Court as available
through State of Himachal Pradesh vs. Shamsher Singh
reported in 2025 INSC 503. Petitioner claimed clean
antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact that alleged assault prima-facie not appears
repeated, where nature of injury upon medical examination
also found simple in nature prima-facie negating intention to
cause death, accordingly petitioner above-named, in the event
of his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned CJM, Patna /concerned Court, where the case is
pending in connection with Kotwali P.S. Case No. 35 of 2026,
subject to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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