Patna High Court
Santosh Prasad @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied as the court was not inclined to grant relief given the seriousness of the allegations and the petitioner's prior criminal case.
Summary
Santosh Prasad applied for anticipatory bail after being named in FIR No.409 of 2025 for alleged assault with an iron rod, facing multiple offences under the B.N.S., 2023. He claimed innocence, alleging false implication due to village politics, while the State highlighted the injuries to the informant and his son and the petitioner's prior criminal case. The petitioner’s counsel argued lack of clean record but also asserted fabrication of charges. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s involvement. The Court, considering the seriousness of the allegations and the petitioner's criminal antecedent, declined to grant anticipatory bail, rejecting the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and his criminal antecedent
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 74, 76
Subjects
- anticipatory bail
- false implication
- criminal antecedent
- B.N.S. 2023
- FIR
- injury to informant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5051 of 2026
Arising Out of PS. Case No.-409 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
Santosh Prasad @ Santosh Kumar S/o Deoki Mahto Resident of village-
Koshala Bagi, P.S.-Nardiganj, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arjun Prasad, Adv.
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Nardiganj P.S. Case No.409 of 2025 lodged on 17.11.2025,
for the offences punishable under Sections 126(2), 115(2), 74,
76, 109, 117(2), 303(2), 351(2), 352 and 3(5) of the B.N.S.,
2023 which is pending before the Court of J.M.-1st Class,
Nawada,
3. As per the prosecution, FIR has been lodged against
the four named accused persons including the petitioner with
allegation that the accused persons assaulted the informant and
his son by iron rod due to which injury has been caused to them.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He
Patna High Court CR. MISC. No.5051 of 2026(2) dt.04-02-2026
2/2
submits that the petitioner has been falsely implicated in the
present case. He further submits that due to dirty village politics,
a false and fabricated case has been lodged against the
petitioner.
5. Counsel submits that the criminal antecedent of the
petitioner is not clean and there is one criminal case pending
against him in which he is on bail.
6. Learned APP for the State opposes the prayer for
bail and submits that the petitioner is named in the F.I.R. and
injury has been caused to the informant and his son.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner, therefore
the bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J)
Prakashmani/-
U T
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