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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail may be granted conditionally under Section 482, provided the petitioners surrender within eight weeks and furnish the prescribed bond and sureties.

Summary

Santosh Kumar and Pramod Kumar, involved in a land dispute that escalated into mutual injuries, were charged under several provisions of the Bhartiya Nyaya Sanhita, including sections dealing with assault and rioting. They filed a bail petition fearing arrest. The State opposed the bail, arguing the seriousness of the offenses. The Court examined the nature of the allegations, noting they were general and omnibus, and considered the statutory provisions. Applying Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the Court ordered that bail be granted if the petitioners surrender within eight weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The order thus conditionally enlarged bail for the petitioners.

Issues considered

  • Whether bail should be granted to the petitioners charged under Sections 126(2), 115(2), 117(2), 110, 351(3), 352 and 3(5) of the Bhartiya Nyaya Sanhita.
  • Whether the allegations constitute a cognizable offence justifying denial of bail.
  • Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the Court to enlarge bail in this case.

Legislation cited

Subjects

  • bail
  • land dispute
  • assault
  • criminal procedure
  • Section 482
  • Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.83760 of 2025
                   Arising Out of PS. Case No.-247 Year-2025 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
           1.     Santosh Kumar Son of Late Vashudev Mandal Resident of village-
                  karamganj Ward no. 3, Ps- sultanganj, Dist- Bhagalpur
           2.    Pramod Kumar Son of Late Baleshwar Mandal Resident of village-
                 karamganj Ward no. 3, Ps- sultanganj, Dist- Bhagalpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Santosh Kumar
                 For the Opposite Party/s :      Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                    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 offence under Sections 126(2), 115(2), 117(2),

                   110, 351(3), 352, 3(5) of the Bhartiya Nyaya Sanhita.

                                3. Learned counsel for the petitioners submits that on

                   account of land dispute, an altercation took place between the

                   parties, in which both sides sustained injuries. Case and counter

                   case. Allegation of assault is general and omnibus.

                                4. Learned A.P.P. for the State has opposed the bail

                   petition.

                                5. Considering the aforesaid facts and circumstances,
           Patna High Court CR. MISC. No.83760 of 2025(2) dt.06-01-2026
                                                       2/2




                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned A.C.J.M. - I, Sultanganj, District -

                     Bhagalpur in connection with Sultanganj P.S. Case No. 247 of

                     2025, subject to condition as laid down under Section 482 of the

                     Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                       (Prabhat Kumar Singh, J)
anay

U      T


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