Patna High Court

Santosh SahversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that pre‑arrest bail could not be granted due to the seriousness of the accusations and the grievous injury caused.

Summary

Santosh Sah was charged under several sections of the Bihar Penal Code for allegedly assaulting an informant with an iron rod, causing a grievous head injury. The petitioner sought pre‑arrest bail, arguing that the allegations were not serious enough to warrant detention. The court examined the nature of the accusations, the severity of the injury, and the gravity of the offences listed. Considering these factors, the court found that the seriousness of the case outweighed the petitioner's claim for bail. Consequently, the application for pre‑arrest bail was rejected.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the alleged offences

Subjects

pre‑arrest bail
assault
grievous injury
criminal procedure
bail petition

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.86527 of 2025
                      Arising Out of PS. Case No.-288 Year-2025 Thana- GORIAKOTHI District- Siwan
                  ======================================================
                  Santosh Sah Son of Late Ramdev Sah Resident of village - Saidpur
                  Amrudhani, P.S.- Goriyakothi, Distt.- Siwan.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Kumari Anupam , Advocate
                  For the Opposite Party/s :      Mr. Nawal Kishore Prasad , APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    07-01-2026                         Heard learned counsel for the petitioner and the
                    State .
                              2. Petitioner apprehends arrest in a case registered for the
                    offence punishable under sections 126 ( 2 ), 115 (1), 117 ( 2 ),
                    109 (1) , 329 (3) , 74 352, 351 ( 2 ), 351 (3) and 3 (5) of BNS.
                                 3. As per F.I.R. this petitioner assaulted on the head of
                    the informant with iron rod due to which informant sustained
                    injury . Doctor has found the injury grievous in nature .
                                 4. Considering the nature of accusation , injury and
                    gravity of offence , prayer for pre-arrest bail of the petitioner is
                    rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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