Patna High Court
Santosh Kumar Sao @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail should be granted, subject to conditions, under Section 482(2) of the BNSS.
Summary
Santosh Kumar Sao, charged under IPC sections 406 and 420, feared arrest after a charge‑sheet was filed. He had earlier applied for anticipatory bail (Cr. Misc No. 54518 of 2024) which was disposed with a direction to approach the police. He cooperated with the investigation, received a notice under Section 41A CrPC, and the police did not deem arrest necessary. The petitioner now sought anticipatory bail again, arguing he would not abscond and would cooperate in trial. The court, after hearing both sides, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, to be effective if he is arrested or surrenders within six weeks.
Issues considered
- Whether anticipatory bail should be granted in a case where a charge‑sheet has been filed and cognizance taken under Sections 406 and 420 IPC
- Whether the petitioner’s cooperation and lack of need for arrest justify the grant of anticipatory bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 41A
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- IPC 406
- IPC 420
- Section 41A CrPC
- Section 482(2) BNSS
- charge‑sheet
- cognizance
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81532 of 2025
Arising Out of PS. Case No.-113 Year-2024 Thana- MUFFASIL District- Aurangabad
======================================================
Santosh Kumar Sao @ Santosh Kumar S/o- Mohan Saw Village- Bishnupur
Chhati, PS- Deo District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uma Kant Mishra
For the Opposite Party/s : Mr.Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 406 and
420 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the
offences for which the instant FIR was instituted, carries
punishment of seven years and less. It is next submitted that
petitioner had earlier moved before this Court seeking
anticipatory bail by filing Cr. Misc No. 54518 of 2024 and the
same was disposed of by an order dated 30-7-2024 with a
direction to the petitioner to file a representation before the
concerned Superintendent of Police and the Investigating
Officer of the case in terms of the order dated 13-2-2024 in Cr.
Patna High Court CR. MISC. No.81532 of 2025(2) dt.17-02-2026
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Misc No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).
4. Learned counsel for the petitioner next submits that
in pursuance of the order dated 30-7-2024 in Cr. Misc No.
54518 of 2024, the petitioner was given notice under Section
41A Cr.P.C and the petitioner during the course of investigation
cooperated with the police and the police never felt the need of
arresting the petitioner, but then charge-sheet came to be
submitted based on which cognizance came to be taken, as such
petitioner apprehends arrest. It is further submitted that
petitioner during the course of investigation cooperated with the
police and the police never felt the need of arresting the
petitioner, whether it would be prudent for the court to send the
petitioner to jail based on an order of cognizance which came to
be taken after the charge-sheet was submitted. It is submitted
that petitioner will not abscond rather will cooperate in the trial
to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.81532 of 2025(2) dt.17-02-2026
3/3
bonds of Rs. 10,000/- (Rupees Ten Thousand) 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 Aurangabad (M) P.S. Case No. 113 of 2024, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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