Patna High Court
Santosh Kumar @ NagwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 303(2), 329(4), 351(3)
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
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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
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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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