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Patna High Court

Santosh Kumar @ NagwaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that both petitioners be released on regular bail with a bond of Rs.10,000 and two sureties each.

Summary

Santosh Kumar and Dinesh Kumar Yadav were arrested in connection with an assault case (PS‑355/2025) where the FIR alleged that they, along with other accused, attacked the informant’s family, causing injury to the informant’s father‑in‑law. The petitioners contended that they were falsely implicated and that the injury report did not support the alleged assault by fifteen accused persons. They applied for regular bail after being in custody since 27‑September‑2025, with a charge‑sheet already filed. The State opposed the bail. The Court, after considering the FIR, the injury report, the duration of custody and the charge‑sheet, ordered that both petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each, to the satisfaction of the Chief Judicial Magistrate, Aurangabad.

Issues considered

  • Whether regular bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the nature of the offences and the evidence on record.
  • Whether the petitioners have been falsely implicated and the injury report undermines the prosecution’s case.

Legislation cited

Subjects

  • regular bail
  • false implication
  • assault
  • Bharatiya Nyaya Sanhita
  • injury report
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6096 of 2026
                   Arising Out of PS. Case No.-355 Year-2025 Thana- MADANPUR District- Aurangabad
                 ======================================================
           1.     Santosh Kumar @ Nagwa Son of Pravesh Mahato Resident of Village-
                 Karpatai, P.S.- Madanpur, District- Aurangabad.
           2.    Dinesh Kumar Yadav Son of Naryan Yadav Resident of Village- Karpatai,
                 P.S.- Madanpur, District- Aurangabad.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binod Kumar Pandey, Advocate
                                                 Mr. Bachan Jee Ojha, Advocate
                                                 Mr. Akhilesh Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   04-02-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioners have preferred this application for

                   grant of regular bail in connection with Madanpur P.S. Case

                   no.355 of 2025, registered under section 190, 191(2), 329(4),

                   115(2), 126(2), 117(2), 109, 303(2) and 351(3) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the informant states

                   that the five named accused persons including the two

                   petitioners herein came variously armed. Dinesh Yadav is said

                   to have assaulted the father-in-law of the informant causing
Patna High Court CR. MISC. No.6096 of 2026(2) dt.04-02-2026
                                            2/3




          injury. All the accused persons are said to have assaulted the

          informant and the members of her family. The informant further

          names ten other accused persons who participated in the assault.

                       4. Learned counsel for the petitioners submits that the

          petitioners have been falsely implicated in the case. So far as

          allegations in the F.I.R. are concerned, the same are falsified

          from the injury report, contents of which finds mention in the

          order of the learned Court below wherein the father-in-law of

          the informant is said to have sustained fracture in his hand. It is

          submitted that the injury report does not support the assault by

          15 named accused persons. No other injury has been found nor

          mentioned in the order. The petitioners have remained in

          custody since 27.9.2025 and charge-sheet has been submitted in

          the case.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the F.I.R., the

          discussion with respect to the injury report which finds mention

          in the order of the learned trial Court, the petitioners having

          remained in custody since 27.9.2025 and charge-sheet having

          been submitted in the case, both the petitioners are directed to
            Patna High Court CR. MISC. No.6096 of 2026(2) dt.04-02-2026
                                                        3/3




                      be enlarged on bail in connection with Madanpur P.S. Case

                      no.355 of 2025, on each of them furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Chief Judicial

                      Magistrate, Aurangabad.



                                                         (Partha Sarthy, J)
avinash/-

U      T


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