Patna High Court
Santosh Rai @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court grants bail to the petitioner.
Summary
Santosh Rai applied for bail in a criminal case (Athmalgola P.S. Case No.302 of 2024) involving offences under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleged to have assaulted an informant causing a fractured hand. The petitioner claimed innocence, asserted that he was falsely implicated, and highlighted his clean criminal record despite being in custody since 17‑11‑2025. The State opposed the bail, arguing the seriousness of the charges. The Court noted the existence of a case and counter‑case but, considering the petitioner’s clean antecedent, decided to grant bail. He was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the SDJM, with the observation that the order is prima facie and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s clean antecedent and claim of false implication justify bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 308(3), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Arms Act
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4973 of 2026
Arising Out of PS. Case No.-302 Year-2024 Thana- ATHMALGOLA District- Patna
======================================================
Santosh Rai @ Santosh Kumar son of Late Sakaldeo Rai Resident of Village -
Kalyanpur Dih, Ps- Athmalgola, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avanish Kumar Singh
For the Opposite Party/s : Mr.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Athmalgola P.S. Case No. 302 of 2024 instituted for the
offences under Sections 126(2), 115(2), 117(2), 109, 308(3), 74,
352, 351(2), 3(5) and 303(2) of the Bharatiya Nyaya Sanhita
and Section 27 of Arms Act.
3. The allegation is that in a dispute the petitioner
assaulted the informant on her right hand which resulted in
fracture of the hand.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 17.11.2025 and
has got no criminal antecedent.
Patna High Court CR. MISC. No.4973 of 2026(4) dt.06-05-2026
2/2
5. Learned A.P.P. for the State and learned counsel for
the informant has vehemently opposed the prayer for grant of
bail to the petitioner.
6. Considering that there is a case and counter case
and the petitioner is a man of clean antecedent, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned SDJM,
Barh/concerned Court in connection with Athmalgola P.S. Case
No. 302 of 2024.
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.
(Ansul, J)
abhishekkr/-
U T
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