Santosh Yadav @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53627 of 2025 Arising Out of PS. Case No.-423 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== Santosh Yadav @ Santosh Kumar S/O Rajeshwar Yadav R/O VillageChiraiya Tand, P.S- Chandauti, District- Gayaji. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Asgher Najmi, Adv For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Chandauti P.S. Case No. 423 of 2024 dated 09.11.2024 registered for the offences punishable u/ss 190, 191(2), 115(2), 117(2), 126(2), 109, 324(4), 74, 127(2), 118, 351(2) and 352 of the B.N.S.
3. As per the prosecution case, when the informant was going to his agricultural land riding on a motorcycle. As soon as he reached near Devi Sthan of the village, five named accused persons including the petitioner rushed to the spot lashed with country made pistol, sword, lathi and rod etc and assaulted the informant and started abusing him. The co-accused
2/4 Ranjan Yadav assaulted on his head with sword with intention to kill him due to which the informant sustained injury on his head. The petitioner assaulted the informant with rod causing injury in his hand. Thereafter, the informant fled away inside the temple then the accused persons damaged the motorcycle of the informant. The co-accused, Ranjan Yadav started firing on the temple to kill the informant but the bullet did not hit him. Thereafter, the co-accused Ranjan Yadav fired on the informant's sister-in-law, Manju Devi and the bullet hit her neck. It is further alleged that the petitioner and the co-accused person assaulted the villagers and the informant's sister-in-law, Manju Devi causing injuries to them.
The villager, Geeta Devi also sustained fracture in her hands, Sukhdev Yadav sustained fracture injury on his left hand, Manju Devi also sustained injury and Deepak Kumar sustained injury on his head. The accused, Nitish Kumar and Ranjan Yadav dragged the informant's sister-in-law by catching hold of her hair due to which she became naked. The co-accused, Jay Prakash snatched the informant's mobile and all the accused persons destroyed the tractor and tempo of Baiju Yadav and Geeta Devi.
3/4 he lodged any case.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is a delay of seven days in lodging the F.I.R. without any explanation. As per the impugned order, the injured, Manju Devi and Deepak Kumar sustained injuries which are simple in nature. The allegation against the petitioner is of assaulting the informant on the hand which is non-vital part of the body. The other co-accused person has already been granted bail by this court vide order dated 22.07.2025 passed in Cr. Misc. No. 36052/2025. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. The injured, Geeta Devi and Sukhdev Yadav sustained injury which is stated to be grievous in nature.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like
4/4 amount each to the satisfaction of the learned court concerned, Gaya in connection with Chandauti P.S. Case No. 423 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S., with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T