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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33275 of 2026 Arising Out of PS. Case No.-401 Year-2025 Thana- NARHATT District- Nawada ====================================================== Santosh Kumar Nirala @ Santosh Kumar S/o Devnandan Singh R/o VillageGajara, Chatar, PS- Narhat, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP For the informant :

Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-07-2026 Heard Mr. Vibhuti Ranjan Sonvadra, learned counsel appearing on behalf of the petitioner; Mr. Kumar Ranjit Ranjan learned APP for the State and Mr. Arun Kumar, learned counsel for the informant.

2.

The petitioner seeks pre-arrest bail in connection with Narhat P.S. Case No. 401 of 2025 registered for the offence(s) punishable under Sections 126(2),115(2),109, 117(2),303(2),352,351(2),3(5), of the BNS.

3. As per the allegation made in the FIR, the accused

2/4 persons named therein including the petitioner assaulted the informant's sons, causing injuries.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. There is case and counter case between the parties arising out of same incidence and due to previous enmity, an altercation took place and both the sides entered into fierce fight, in which, both the sides sustained injuries and in the self-defence, petitioner may have caused some injury on the persons of the informant's sons and for similar allegation, the informant's sons have been granted prearrest bail by a co-ordinate Bench of this Court vide order dated 30.04.2026 passed in Cr. Misc. No.24860 of 2026. On these grounds, the petitioner seeks to be released on pre-arrest bail.

5. Mr. Arun Kumar, learned counsel, has tendered his appearance on behalf of the informant and submitted that the petitioner has given repeated blow to the sons of the informant and even assaulted them in the hospital, with an intention to kill and as such, the petitioner don't deserve to be released on prearrest bail.

6. Learned APP for the State also vehemently opposed the prayer for grant of pre-arrest bail.

3/4

7. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and the fact that there is case and counter case between the parties arising out of same incidence and due to previous enmity, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioner may have caused some injury on the persons of the informant's sons, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

8. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Nawada / Concerned Court in connection with Narhat P.S. Case No. 401 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

9. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application,

4/4 this order will automatically lose its force. (Purnendu Singh, J) Sanjay/- U T