Patna High Court
Santosh Kumar Samrat @ Phekan ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, directing the petitioner to furnish bail bonds and sureties under Section 482(2) of the BNSS.
Summary
Santosh Kumar Samrat applied for anticipatory bail after being named in an FIR alleging multiple offences under the BNS, 2023, including assault, attempted murder and theft. He contended that he has a clean record, is falsely implicated by an agnate informant, and that the dispute stems from a pending property suit. The State opposed the bail, arguing the seriousness of the alleged offences. The court examined the allegations, noting that the injury to the alleged victim was to a non‑vital part of the body and that the petitioner’s antecedents are clean. Relying on Section 482(2) of the BNSS, the court granted anticipatory bail subject to a Rs.10,000 bond and two sureties, with conditions for surrender within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS despite the serious nature of the alleged offences
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail
- Whether the nature of the alleged injury (grievous but to a non‑vital part) affects the bail decision
Legislation cited
- Bihar Negotiable Statutes — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 351(3), 352, 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bihar criminal law
- false implication
- property dispute
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45408 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- KATRA District- Muzaffarpur
======================================================
Santosh Kumar Samrat @ Phekan Thakur S/o Late Ashok Kumar Thakur @
Late Ashok Thakur Resident of village - Kolhanta Patori, PS - Basuaara,
District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-07-2026 1. Heard learned counsel for the petitioner, Ms.
Sushmita and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 190,
191(2), 191(3), 126(2), 115(2), 117(2), 118(1), 109, 303(2), 352,
351(2), 351(3) and 74 of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 22.08.2025 at 12 noon, eleven named accused
persons including the petitioner came and petitioner assaulted
Harsh causing injury on hand, thereafter, Mritunjay assaulted
informant by rod causing injury on head, Mukesh and Kanhaiya
tried strangulating Manoj with an intent to kill, Shivam and
Patna High Court CR. MISC. No.45408 of 2026(2) dt.14-07-2026
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Nitesh started firing and assaulted Hemant by butt of pistol
causing injury, it is next alleged that the accused persons even
acted inappropriately with female members and snatched chain
of Nibha and took away 20 bags of cement.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant, it is next submitted that petitioner and the informant
are agnates and Title Suit No. 685 of 2023 is pending
adjudication in between the parties. It is also submitted that
from side of the petitioner, Katra P.S. Case No. 212 of 2025 has
been instituted against the informant and his side. It is further
submitted that no doubt petitioner is alleged to have assaulted
Harsh whose injury has been opined to be grievous, but then the
assault is on hand i.e. non-vital part of the body. It is reiterated
and submitted that petitioner is a person with clean antecedent
and is not a criminal and account of dispute relating to property,
the occurrence is alleged to have taken place.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
Patna High Court CR. MISC. No.45408 of 2026(2) dt.14-07-2026
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from today, 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 the learned trial
court where the case is pending/successor court in connection
with Katra P.S. Case No. 209 of 2025 subject to the conditions
as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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