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Patna High Court

Santosh Sah @ Santosh Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, subject to conditions under Section 482(2) of the BNS, 2023.

Summary

The petitioners, a group of family members from Neuri Tola Navtoliya, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 74, 303(2), 351(2), 352 and 3(5) of the BNS, 2023. They alleged that the FIR was false, stemming from a property dispute in which the informant’s family occupied their house and the informant filed a retaliatory complaint after a prior case was lodged against her. The petitioners claimed clean antecedents and that the allegations of assault and theft were fabricated. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioners surrender within six weeks, furnish bail bonds of Rs.10,000 each with two sureties, and comply with Section 482(2) of the BNS, 2023.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite the serious nature of the offences alleged in the FIR.
  • Whether the FIR constitutes a false or malicious prosecution warranting bail.

Legislation cited

  • BNS, 2023 — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74

Subjects

  • anticipatory bail
  • false case
  • assault
  • criminal procedure
  • Section 482
  • bail bond
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79677 of 2025
                      Arising Out of PS. Case No.-226 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
           1.     Santosh Sah @ Santosh Kumar Sah S/O Dev Chandra Sah R/O Village-
                  Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga.
           2.    Ram Avtar Sah @ Ram Avtar Sahu S/O Late Jitu Sah R/O Village- Neuri
                 Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga.
           3.    Barun Sah @ Varun Kumar Sahu S/O Ram Avtar Sah R/O Village- Neuri
                 Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga.
           4.    Ram Bilash Sah @ Ram Bilash Sahu S/O Late Jitu Sah R/O Village- Neuri
                 Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga.
           5.    Gita Devi W/O Ram Bilash Sah R/O Village- Neuri Tola Navtoliya, P.S-
                 Biraul, Distt.- Darbhanga.
           6.    Shanti Devi W/O Ram Avtar Sah R/O Village- Neuri Tola Navtoliya, P.S-
                 Biraul, Distt.- Darbhanga.
           7.    Guriya Devi W/O Radhe Shyam Sah R/O Village- Neuri Tola Navtoliya,
                 P.S- Biraul, Distt.- Darbhanga.
           8.    Santosh Sah @ Suman Sah @ Suman Kumar Sahu S/O Nandan Sah R/O
                 Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga.
           9.     Aman Sah @ Aman Kumar @ Aman Kumar Sah S/O Santosh Sah R/O
                  Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga.
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-01-2026                  1. Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 74, 303(2), 351(2), 352 and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner nos. 5,
Patna High Court CR. MISC. No.79677 of 2025(2) dt.06-01-2026
                                            2/3




          6 and 7 are women and the informant alleges that on 30.06.2025

          at 08:10 PM, the accused persons including the petitioners came

          and started abusing and assaulted her husband by fist and leg

          while Ram Awatar ordered to vacate the house and Santosh along

          with Ashish started dragging her husband by putting towel around

          his neck, further Laxman, Radhe Shyam and Krishna assaulted

          her by fist and tore her blouse, next alleges that Guriya snatched

          chain of her mother-in-law of the informant and accused looted

          household articles worth Rs. 5 Lakhs.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the allegation

          as alleged in the FIR, it would manifest that entire family

          members including the women folk have been implicated in the

          instant case. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that informant

          herself alleges that Ram Awatar ordered to vacate the house which

          amply demonstrates that the house in question belongs to the side

          of the petitioners and the informant and her side is forcefully

          occupying the house for which an altercation took place and both

          sides assaulted each other, but then in order to coerce the side of

          the petitioners into submission, a false case came to be instituted.

          It is next submitted that from side of the petitioners also Biraul
            Patna High Court CR. MISC. No.79677 of 2025(2) dt.06-01-2026
                                                        3/3




                      P.S. Case No. 78 of 2025 came to be instituted against the

                      informant and her side, as such, the instant FIR is a counterblast.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioners.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioners, the petitioners above-named, in the

                      event of their arrest or surrender before the learned trial court

                      within a period of six weeks from today, be released on

                      anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees

                      Ten Thousand) each with two sureties of the like amount each to

                      the satisfaction of the learned trial court where the case is

                      pending/successor court in connection with Biraul P.S. Case No.

                      226 of 2025 subject to the conditions as laid down under Section

                      482 (2) of the BNSS.

                                   7. Accordingly,        the     instant   anticipatory   bail

                      application is allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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