Santosh Kumar @ Santosh Sahani @ Santosh Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29958 of 2025 Arising Out of PS. Case No.-172 Year-2024 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

Santosh Kumar @ Santosh Sahani @ Santosh Kumar Sahani S/o- Mahesh Sahani Village- Gachhitola Ram Das Majhauli Ps- Bochaha DistMuzaffarpur 2.

Pinki Devi W/o- Santosh Sahani Village- Gachhitola Ram Das Majhauli PsBochaha Dist- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Bochahan P.S. Case No. 172 of 2024, dated 25.07.2024, lodged under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 132, 352, 351(2)(3) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").

3. As per the prosecution, FIR has been lodged against thirteen named accused persons and 5-6 unknown accused persons with an allegation that they all have attacked on the police party and created hurdle in doing the work of the police.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that there is general and omnibus allegation as alleged

Patna High Court CR. MISC. No.29958 of 2025(2) dt.14-05-2025 2/2 against all the accused persons including the present petitioners. He further submits that similarly situated other co-accused persons have been granted bail by Co-ordinate Bench of this Court vide order dated 11.12.2024 passed in Cr. Misc. No. 84431 of 2024 and vide order dated 16.04.2025 passed in Cr. Misc. No. 19466 of 2025. Counsel submits that the petitioners have no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned ACJM 9th (East) Muzaffarpur in connection with Bochahan P.S. Case No. 172 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Sudhanshu/- U T