Patna High Court
Santosh Kumar @ Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail.
Summary
The petitioner, Santosh Kumar, was implicated in a case (Nawalpur P.S. Case No. 105 of 2025) alleging assault, intimidation and the alleged snatching of a mobile phone and motorcycle key, invoking sections 127(2), 115(2), 132, 352, 351(2) and 3(5) of the B.N.S. The prosecution’s version is that the petitioner, along with associates, misbehaved with an informant and forcibly took his belongings, which were later recovered after village elders intervened. The petitioner contended that the allegations are false, arising from a monetary dispute, and that he has no involvement in the alleged incident despite having two prior criminal cases for which he is already on bail. The State opposed the grant of anticipatory bail, arguing the seriousness of the offences. After considering the submissions, the court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S., including surety requirements and compliance with trial attendance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences.
- Whether the nature of the allegations (assault, intimidation and theft) justifies denial of anticipatory bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- criminal antecedent
- assault
- theft
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82091 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- Nawalpur District- West Champaran
======================================================
Santosh Kumar @ Santosh Yadav S/o- Shankar Yadav Resident of Vill-
Chandraul, Ward No-03, P.S.- Nawalpur, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
Mr. Sitesh Kashyap, Advocate
For the State : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Nawalpur P.S. Case No. 105 of 2025 registered for the offences
under Sections 127(2), 115(2), 132, 352, 351(2) and 3(5) of the
B.N.S.
3. As per the prosecution case, the informant has
alleged that while he was present at Siswa Bairagi in connection
with departmental work as a Junior Engineer, the petitioner
along with his associates misbehaved with the informant,
abused him and forcibly took away his mobile phone and the
key of his motorcycle. It is further alleged that upon the
intervention of co-villagers and the ex-Mukhiya, the mobile
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phone and the motorcycle key were returned to the informant.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case and
that no such incident, as alleged had ever occurred. It has further
been submitted that from the bare perusal of the F.I.R itself it
would appear that the allegation of snatching of the mobile
phone and motorcycle key, followed by their alleged recovery,
clearly indicates that the petitioner has been falsely implicated
and that the prosecution story goes on to show that the
allegations are false and concocted one. It has further been
submitted that in fact, there exists a monetary dispute between
the petitioner and the informant, on account of which the
present case has been lodged. It has lastly been submitted that
the petitioner carries two criminal antecedents and he is already
on bail in both the cases.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
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thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Nawalpur P.S. Case
No. 105 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, 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.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
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shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
(Sourendra Pandey, J)
aditya/-
U
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