Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 110, 115(2), 117(2), 126(2), 3(5), 351(3), 352
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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