Created by Fuzzy Cloud

Patna High Court

Santosh GondversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S. 2023.

Summary

Santosh Gond, husband of Sarita Devi, sought anticipatory bail after being implicated in a case alleging attempted murder, assault, and property intimidation under Sections 126(2), 115(2), 118(1), 351(3), 85 of the B.N.S. 2023 (corresponding to IPC Sections 341, 323, 324, 506 and 498A). He claimed the allegations were vague, the FIR was lodged after an unexplained delay of over 24 hours, and that marital discord had led to the complaint. The informant’s counsel opposed bail, fearing further violence. The court considered the marital discord, the lack of specific allegations, and the delay, and decided to grant anticipatory bail subject to conditions that the petitioner not assault or torture the informant or her children. The bail order required a bond of Rs.10,000 with two sureties and was to be executed within four weeks before the lower court.

Issues considered

  • Whether anticipatory bail should be granted under Section 482(2) of the B.N.S. 2023 in view of the alleged offences.
  • Whether the delay in filing the FIR and the vague, omnibus nature of the allegations justify granting bail.
  • Whether marital discord between the parties influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • marital discord
  • delay in FIR
  • vague allegations
  • criminal procedure
  • IPC offences
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61429 of 2025
                       Arising Out of PS. Case No.-35 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Santosh Gond S/o- Sudarshan Gond @ Sudarshan Sah Resident of Village-
                 Khajuraha Misir, Police Station -Bhorey, District- Gopalganj

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sarita Devi W/o- Santosh Gond Village- Khajuraha Misir Ps- Bhore Dist-
                 Gopalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Ranjan
                 For the Opposite Party/s :       Mr.Binod Kumar
                 For the informant        :       Mr. Arya Achint
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   23-02-2026        1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Bhorey P.S. Case No. 35 of 2025 dated 02.02.2025 registered

                   under Sections 126(2), 115 (2), 118(1), 351(3), 85 of the B.N.S.

                   2023 corresponding to Sections 341, 323, 324, 506 and 498A of

                   the I.P.C.

                       3. The petitioner is the husband of the opposite party no. 2

                   and both were married about 25 years ago and both uses to live

                   separately. It is alleged that the petitioner tried to kill the

                   informant as well as her children and wants to grab their

                   property. On the alleged date of occurrence i.e. on 01.02.2025 at

                   about 5:00 P.M. the petitioner came to the informant’s house in
Patna High Court CR. MISC. No.61429 of 2025(4) dt.23-02-2026
                                            2/3




          a drunken state and tried to kill the informant but the informant

          screamed and the people nearby gathered and she was

          ultimately saved.

              4. Mr. Rajesh Ranjan, learned counsel for the petitioner

          submits that petitioner is innocent and has falsely been

          implicated in this case. The opposite party no. 2 always used to

          argue and fight with the petitioner over petty issues due to

          which the petitioner was forced to reside separately. It is next

          submitted that no specific allegation has been levelled against

          the petitioner rather all the allegations are vague and general and

          omnibus in nature. It is further submitted that though the alleged

          occurrence took place on 01.02.2025 however the present F.I.R.

          was lodged after an unexplained delay of over 24 hours on

          02.02.2025. He also submits that only one complaint has been

          lodged by the informant against the petitioner over a span of

          eleven years.

              5. On the other hand, Mr. Arya Achint, learned counsel for

          the informant vehemently opposed the prayer for anticipatory

          bail and submits that if released on bail the petitioner will again

          assault and torture the informant and her children.

              6. Regard being had to the submission made by the parties,

          taking into consideration the fact that there is marital discord
               Patna High Court CR. MISC. No.61429 of 2025(4) dt.23-02-2026
                                                           3/3




                         between the informant and the petitioner, accordingly, I am

                         inclined to grant anticipatory bail to the petitioner subject to the

                         condition that the petitioner shall not assault or torture the

                         informant and her children.

                             7. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

                         with two sureties of the like amount each to the satisfaction of

                         Sub Divisional Judicial Magistrate, Gopalganj in connection

                         with Bhorey P.S. Case No. 35 of 2025 subject to the condition

                         as laid down under Section 482 (2) of the B.N.S.S. 2023



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.