Patna High Court
SANTOSH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the petitioner’s clean antecedent and the simple nature of the alleged injury, anticipatory bail could be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Santosh Kumar was arrested in connection with an FIR alleging assault on an informant with a lathi, danda and sword, invoking several offences under the Bharatiya Nyaya Sanhita. The petitioner applied for anticipatory bail, claiming innocence, a simple injury, a prior case filed by him, and a clean antecedent. The State and the informant opposed the bail. The court examined the nature of the accusations, the extent of injury and the petitioner’s clean record. Considering these factors, the court granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail can be granted in view of the offences alleged under the Bharatiya Nyaya Sanhita
- Whether the nature of the alleged injury and the petitioner’s clean antecedent justify denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 324(4), 351(2)(3), 352
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- injury
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8570 of 2026
Arising Out of PS. Case No.-29 Year-2025 Thana- ARRABARI District- Kishanganj
======================================================
Santosh Kumar S/O Jagdish Mahto R/O - Dhobinia, Raipur, Ward No -11,
P.S- Arrabari, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
For the Informant : Mr. Raj Kumar, Mr. Sarvottam Kumar, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 190, 191(2), 126(2),
115(2), 109, 303(2), 324(4), 352, 351(2)(3) of the Bharatiya
Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of informant with lathi, danda and sword.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by the petitioner is simple in nature. Case and
counter case. Case lodged by the petitioner is earlier in point of
time. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.8570 of 2026(2) dt.23-02-2026
2/2
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering backdrop of the case, nature of
accusation, injury and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his arrest/surrender before the court below within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Additional
Chief Judicial Magistrate II, Kishanganj in connection with
Arrabari P. S. Case No. 29 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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