Patna High Court
Santosh Sah @ Santosh Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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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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