Created by Fuzzy Cloud

Patna High Court

Santosh JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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


Continue reading with your account

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

Sign in to read

Checking your session…

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