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Patna High Court

Santosh Kumar Prasad @ Santosh Kumar Patel @ Santosh PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is warranted under Section 482(2) of the BNSS given the circumstances of the case and the counter‑case.

Summary

The petitioner, Santosh Kumar Prasad, sought anticipatory bail in connection with a criminal case (Sidhwaliya P.S. Case No. 19 of 2026) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner assaulted the victim, while the petitioner claimed innocence and alleged a counter‑case between the parties, asserting that he, a former Mukhiya, was being falsely implicated. The State opposed the bail application, arguing the seriousness of the charges. The Court, after considering the facts, the existence of a counter‑case, and the nature of the alleged injury, allowed the anticipatory bail application. The order directed the petitioner to surrender within four weeks and to furnish bail bonds of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS, and clarified that the observations were prima facie and not a determination on the merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
  • Whether the existence of a counter‑case and the nature of the alleged injury justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail conditions
  • counter‑case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37201 of 2026
                    Arising Out of PS. Case No.-19 Year-2026 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
                 Santosh Kumar Prasad @ Santosh Kumar Patel @ Santosh Patel S/o Saheb
                 Patel R/o Village - Gangwa, P.O - Sidhwaliya, P.S- Sidhwaliya, District -
                 Gopalganj, Pin - 841423

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jeetendra Narayan
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Sidhwaliya P.S. Case No. 19 of 2026 registered for offences

                   under Sections 126(2), 115(2), 118(1), 109, 303(2), 324(4),

                   351(3), 352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is said to

                   have assaulted the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has not committed any offence.

                   He further submits that there is a case and a counter-case

                   between the parties, and the petitioner being the ex-Mukhiya has

                   been said to be the person who has assaulted the victim though
            Patna High Court CR. MISC. No.37201 of 2026(2) dt.15-06-2026
                                                        2/2




                      the case is otherwise.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the facts and circumstances of the

                      case, the counter case and the injury, this application for

                      anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Sidhwaliya P.S. Case No. 19 of 2026 subject to the conditions as

                      laid down under Section 482(2) of the BNSS.

                                   8. 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.


                                                 (Sandeep Kumar, J)
Shishir/-
U


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