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Patna High Court

Santosh Singh @ Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners, Santosh Singh and Chandan Kumar, were accused of assaulting an informant and his family over a land dispute, with injuries described as simple. They sought anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, for offences listed under the Bhartiya Nyaya Sanhita. The State acknowledged the injuries were simple but opposed bail. The court considered the nature of the allegations, the prior land dispute, and the minor injuries, and decided to grant anticipatory bail. The petitioners were ordered to furnish a bail bond of Rs.10,000 each with two sureties within four weeks of arrest or surrender.

Issues considered

  • Whether anticipatory bail can be granted to the accused under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the alleged offences under the Bhartiya Nyaya Sanhita.
  • Whether the simple nature of injuries and the existence of a prior land dispute justify the grant of anticipatory bail.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88192 of 2025
                     Arising Out of PS. Case No.-194 Year-2025 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
           1.     Santosh Singh @ Santosh Kumar S/O Baban Singh R/O Pilapur, P.S.-
                  Jagdispur, Dist.- Bhojpur
           2.    Chandan Kumar S/O Baban Singh R/O Pilapur, P.S.- Jagdispur, Dist.-
                 Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shiv Prasad Gupta
                 For the Opposite Party/s :       Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   06-04-2026         1. Heard learned counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Jagdishpur Police Station Case No. 194 of 2025, dated

                            15.05.2025,       disclosing        offences      under       Sections

                            115(2)/126(2)/109/351(2)/351(3)/352/3(5) of the Bhartiya

                            Nyaya Sanhita.

                       3.   The prosecution case, in brief, is that the petitioners,

                            along with other accused persons, assaulted the informant

                            and his family members by means of lathi, danda, iron-

                            rod, khanti, etc due to land dispute.

                       4. Learned counsel for the petitioners submits that there is
Patna High Court CR. MISC. No.88192 of 2025(5) dt.06-04-2026
                                            2/3




                  admitted land dispute between the parties which would be

                  evident from the FIR itself. He next submits that

                  allegation against the petitioner no. 1 is that he assaulted

                  Ram Sagar Singh, who is relative of the informant, by

                  means of khanti due to which he sustained injury near his

                  shoulder and petitioner no. 2 assaulted the informant’s

                  son by means of lathi near his left ear. He further submits

                  that injury sustained by the victims are simple in nature.

              5. Learned counsel for the State, referring to the injury

                  report, submits that it is true that injuries sustained by the

                  victims are simple in nature.

              6. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the nature of

                  allegation and the fact that there is previous land dispute

                  between the parties and injuries sustained by the victims

                  are simple in nature, I am inclined to grant the petitioners

                  privilege of anticipatory bail.

              7. This application is, accordingly, allowed.

              8. Let the petitioners, above named, in the event of their

                  arrest or surrender before the Court below within four

                  weeks, be released on bail on furnishing bail bond of Rs.

                  10,000/- (Ten Thousand) each with two sureties of the
            Patna High Court CR. MISC. No.88192 of 2025(5) dt.06-04-2026
                                                        3/3




                              like amount each to the satisfaction of learned Chief

                              Judicial Magistrate, Bhojpur at Ara, in connection with

                              Jagdishpur Police Station Case No. 194 of 2025, subject

                              to the condition laid down under Section 482 (2) of the

                              Bhartiya Nagrik Suraksha Sanhita, 2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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