Patna High Court
Santosh Kumar @ Santosh JaishwalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted subject to the conditions stipulated under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Santosh Kumar applied for anticipatory bail after being implicated in a FIR alleging assault with an iron rod and the theft of Rs. 50,000, offences punishable under Sections 126(2), 115(2), 109, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner claimed innocence, arguing that the alleged injury was minor and the charges were exaggerated. The State opposed the bail, emphasizing the seriousness of the accusations. The Court examined the nature of the alleged offences and the extent of injury, and concluded that anticipatory bail could be granted. Accordingly, the Court ordered that the petitioner be released on bail upon surrender within eight weeks, subject to a bail bond of Rs. 10,000 and two sureties, and conditioned on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault, robbery and other offences under the Bharatiya Nyaya Sanhita
- Whether the nature and seriousness of the alleged injury justify denial of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- theft
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91562 of 2025
Arising Out of PS. Case No.-299 Year-2025 Thana- BAGHA District- West Champaran
======================================================
Santosh Kumar @ Santosh Jaishwal S/O Chandrabhushan Prasad R/O Vill.-
Gudri Bazar Ward No. 23, P.S.- Bagaha, Dist.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109,
303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner assaulted on the head
of husband of informant by means of iron rod and fighter.
Petitioner is further alleged to have snatched Rs. 50,000/- from
his pocket.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by this petitioner is simple in nature. Rest of
the allegations are ornamental only to make the case grave.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
Patna High Court CR. MISC. No.91562 of 2025(2) dt.19-01-2026
2/2
6. Considering nature of accusation and injury, 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 Chief Judicial Magistrate, West Champaran,
Bagaha in connection with Bagaha P. S. Case No. 299 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
Checking your session…