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Patna High Court

Santu Noniya @ Santu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Santu Noniya, Ranjan Kumar and Babi Devi, feared arrest in a criminal case (PS Case No. 218/2025) involving offences under several sections of the B.N.S., 2023. They asserted that they have clean antecedents and that the allegations of assault against them are vague and stem from a family dispute, claiming they were falsely implicated by the informant. The petition sought anticipatory bail, while the State opposed the relief. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The order directs that the bail be released if the petitioners are arrested or surrender within six weeks, pending the trial court's satisfaction.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under the circumstances?
  • Do the allegations in the FIR constitute a sufficient ground to deny anticipatory bail?
  • Are the conditions imposed under Section 482(2) of the B.N.S.S. valid and reasonable?

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • clean antecedent
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86214 of 2025
                   Arising Out of PS. Case No.-218 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
           1.     Santu Noniya @ Santu Kumar S/O Bir Bahadur Noniya R/O Village -
                  Nawada Ben, P.S- Udwantnagar, Distt.- Bhojpur
           2.    Ranjan Kumar @ Ranjan Noniya S/O Suresh Noniya R/O Village - Nawada
                 Ben, P.S- Udwantnagar, Distt.- Bhojpur
           3.    Babi Devi W/O Sobhnath Noniya R/O Village - Nawada Ben, P.S-
                 Udwantnagar, Distt.- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raju Kumar Singh
                 For the Opposite Party/s :      Ms. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  1. 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 offences punishable under Sections 115(2),

                   126, 109, 74, 303(2), 352, 351(2), 3(5) and 351(3) of the B.N.S.,

                   2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner no.3

                   is a woman and the informant alleges that accused persons

                   including the petitioners on 30.04.2025 at 6.00 P.M. came on

                   account of dispute amongst children and mother along with
           Patna High Court CR. MISC. No.86214 of 2025(2) dt.20-01-2026
                                                       2/2




                     Amit assaulted him and his family members and thereafter Amit

                     along with other accused persons assaulted his family members.

                                  4. Learned counsel submits that petitioners have been

                     falsely implicated in the instant case by the informant. It is next

                     submitted that from perusal of the allegation as alleged in the

                     FIR, it would manifest that allegation of assault against the

                     petitioners is general and omnibus in nature.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioners.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioners, the petitioners above-named, in the

                     event of their arrest or surrender before the learned Court below

                     within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.10,000/-

                     (Rupees Ten Thousand) each with two sureties of the like

                     amount each to the satisfaction of learned trial court where the

                     case is pending/successor court in connection with Udwantnagar

                     P.S. Case No.218/2025, subject to the conditions as laid down

                     under Section 482(2) of the B.N.S.S.



                                                          (Satyavrat Verma, J)
amit/-
U      T


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