Patna High Court
Santosh Kumar Prasad @ Santosh Kumar Patel @ Santosh PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 324(4), 351(3), 352 r/w 3(5), 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.