Patna High Court
Santosh JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to bond and conditions.
Summary
Santosh Jha was arrested in connection with a case alleging that he assaulted an informant with a sword, causing a fractured jaw and other injuries, and also assaulted the informant's wife. The prosecution charged him under Sections 126(2), 115(2), 109, 118(2) and 352 read with Section 3(5) of the Bihar Narcotic Substances Act, 2023. The petitioner contended that he was falsely implicated, that the injuries were merely lacerations without any sharp‑cut wounds, and that the dispute stemmed from a family land conflict; he also highlighted his clean antecedent and the fact that a chargesheet had already been filed. The State opposed bail, emphasizing the seriousness of the injuries. Considering the length of custody, the submission of the chargesheet, and the petitioner's background, the court ordered his release on bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the Bihar Narcotic Substances (Special) Act.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S., 2023
- Whether the petitioner’s claim of false implication and lack of sharp‑cut injuries affect the bail decision
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 352
Subjects
- bail
- assault with deadly weapon
- false implication
- criminal procedure
- Bihar Narcotic Substances Act
- Section 480(3)
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68645 of 2025
Arising Out of PS. Case No.-43 Year-2025 Thana- Madhusudanpur District- Bhagalpur
======================================================
Santosh Jha S/o- Late Digambar Jha, Resident of Village- Madhusudanpur,
PS- Madhusudanpur, Dist- Bhagalpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar No. 6, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Session Trial No. 531 of 2025, arising out of
Madhusudanpur P.S. Case No. 43 of 2025 dated 01.04.2025,
registered for the offences punishable under Sections 126(2),
115(2), 109, 118(2) and 352 read with Section 3(5) of the
B.N.S., 2023.
3. As per the prosecution case, when the informant
made complaint to the brother of the petitioner for asking him to
desist from from consuming the intoxicating substance, the
petitioner assaulted the informant with sword causing fracture of
his jaw and informant also sustained injuries on his hand. The
wife of the informant was also assaulted. The informant was
referred to higher centre for his treatment finding his condition
Patna High Court CR. MISC. No.68645 of 2025(4) dt.05-01-2026
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to be serious.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. No occurrence in the manner as alleged has
ever taken place. The injury report does not show any sharp cut
wound though a number of lacerated wounds have been
observed from the person of the informant. The injuries are
lacerated wounds and some of the injuries have been found to
be grievous in nature. He further submits that the petitioner
happens to be the nephew of the informant and he is fatherless.
The petitioner along with mother has been staying on the land of
his maternal grand father and informant has been trying to
dispossess them from his house. In one such occurrence, some
scuffle took place. Learned counsel next submits that petitioner
is having clean antecedent and chargesheet has been submitted.
Learned counsel lastly submits that petitioner is in custody since
05.05.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that the informant received a number of injuries which
are lacerated wounds on different parts of the body.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.68645 of 2025(4) dt.05-01-2026
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period of custody of the petitioner and submission of
chargesheet agaisnt him, the petitioner, above-named, is directed
to be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Sessions Judge-VIII,
Bhagalpur / concerned Court, in connection with
Madhusudanpur P.S. Case No. 43 of 2025, subject to the
condition laid down under Section 480(3) of the B.N.S.S. and
other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of non-appearance of the petitioner on
single date or in violation of the terms of the bail, the bail bond
of the petitioner will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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