Patna High Court
Santosh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners.
Summary
Santosh Sah and his wife Poonam Devi were named in an FIR alleging assault and related offences under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). They contended that the FIR was filed 20 days after the alleged incident, that the case stemmed from a personal dispute between brothers, and that the injuries reported were minor. The State opposed anticipatory bail, relying on the allegations in the FIR. The High Court, noting the delay, the familial dispute, the lack of prior criminal record, and the nature of the injuries, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, 2023. The order directs the petitioners to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging multiple offences under the BNSS.
- Whether the delay of 20 days in lodging the FIR and the nature of the alleged injury justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 127(2), 324(4), 3(5), 351(2), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- delay in FIR
- brotherly dispute
- BNSS offences
- Cr.P.C. Section 438
- Section 482 BNSS
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57670 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- PARSAUNI District- Sitamarhi
======================================================
1. Santosh Sah Son of Ganesh Sah R/o Village - Parsauni, Ward No.7, P.S. -
Parsauni, Dist. - Sitamarhi.
2. Poonam Devi @ Poonam Kumari W/o Santosh Sah R/o Village - Parsauni,
Ward No.7, P.S. - Parsauni, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Murari, Advocate
For the Opposite Party/s : Mr. Asha Devi, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
127(2), 115(2), 118(1), 109, 324(4), 351(2) and 3(5) of the
B.N.S.
3. The allegation in the First Information Report is
that the informant was assaulted by the accused persons
including the present petitioners causing injury to him.
4. The learned counsel for the petitioners submits at
the outset that the petitioner no.1 and the informant are own
brothers and the present case has been lodged with malicious
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intention. It has further been submitted that there are 20 days
delay in lodging the F.I.R. for which no substantial explanation
has been tendered. So far as the allegation against petitioner
no.1 is concerned, it is confined to demanding of Rs.5 lakh as
Rangdari whereas petitioner no.2, who is a lady, has been
alleged with sprinkling chilli powder on the face of the
informant, coupled with the fact that there is general allegation
on petitioner no.1 and one another accused of assaulting the
informant on his head by sharp weapon causing head injury. As
opposed to the same, the injury report indicates that the injury is
simple in nature caused by hard and blunt substance.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the dispute between two
brothers, coupled with the fact that the F.I.R. was lodged after
delay of 20 days and also considering the nature of the injury, let
the above named petitioners, who have no criminal antecedent,
be released on bail, in the event of their arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.57670 of 2025(4) dt.21-01-2026
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Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Parsauni P.S. Case
No. 68 of 2025, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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