Patna High Court
Santosh Chaudhary @ Abhishek AnandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and compliance with Section 482(2) of the B.N.S.S.
Summary
The petitioner, Santosh Chaudhary, sought bail fearing arrest in a case (PS No. 400 of 2025) involving alleged assault on an informant and her husband, charged under Sections 126(2), 115(2), 109, 329(3) and 3(5) of the B.N.S. The prosecution alleged that unknown persons attacked the victims with lathi, danda and an iron rod. The petitioner contended that he was falsely implicated and had no prior criminal record. The State opposed bail, but the court observed that the injury to the husband was simple and not severe, and that the facts did not warrant denial of bail. Consequently, the court ordered bail on the condition of a Rs.10,000 bond with two sureties and subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner in view of the nature of the alleged assault and the charges under the B.N.S.
- Whether the petitioner poses a flight risk or threat to the investigation
- Whether the injury reported justifies denial of bail under the applicable provisions
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 329(3), 3(5), 482(2)
Subjects
- bail
- criminal procedure
- assault
- false implication
- Section 482
- West Champaran
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5890 of 2026
Arising Out of PS. Case No.-400 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Santosh Chaudhary @ Abhishek Anand S/o- Late Bechu Sah Village-
Durgawaliya Mishwali PS- Yogapatti District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State
2. The petitioner apprehends his arrest in connection
with Bettiah Muffasil P.S Case No. 400 of 2025 registered for
the offences punishable under Sections 126(2), 115(2), 109,
329(3) and 3(5) of B.N.S.
3. As per the prosecution case, some unknown persons
have assaulted the informant and her husband by means of lathi,
danda and Iron rod.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is next
submitted that petitioner has got no criminal antecedent as stated
in para 3 of the bail petition.
Patna High Court CR. MISC. No.5890 of 2026(2) dt.04-02-2026
2/2
5. Learned counsel for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the F.I.R., impugned order and
materials available on record it appears that petitioner is named
in F.I.R. Further on perusal of injury report, it appears that injury
of the husband of the informant is only one and it is simple in
nature, by hard and blunt substance. No repeated blow inflicted
upon the injured.
7. Considering the aforesaid facts and circumstances
of the case, submissions made on behalf of the petitioner, let the
above named petitioner be released on bail in the event of his
arrest or surrender before the trial court within a period of six
weeks from today on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned CJM. Bettiah, West Champaran in
connection with Bettiah Muffasil P.S Case No. 400 of 2025
subject to the condition laid down under Section 482(2) of
B.N.S.S.
(Ramesh Chand Malviya, J)
Mayank/-
U T
Checking your session…