Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58908 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- Manikpur P.S District- Arwal ====================================================== Santosh Kumar (Male) aged about 30 years, S/o Shiv Bachan Yadav R/o Village - Basantpur, P.S - Manikpur, District - Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Manikpur P.S. Case No. 22 of 2025, dated 14-03-2025, registered for offences punishable under Sections 115(2),127(1),110,303(2),103(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 13.03.2025 at around 5:00 P.M., the FIR named accused persons, including the petitioner came to the house of the informant armed with lathis, danda, and an iron rod, and started abusing him. When the informant objected, they assaulted him, causing a head injury on the left side from which blood started oozing out. When he raised alarm, his wife, Sangeeta Devi,
Patna High Court CR. MISC. No.58908 of 2025(2) dt.27-08-2025 2/3 came to rescue him, but she too was assaulted, and a gold chain worth about Rs.1,20,000/- was snatched from her neck. Meanwhile, the informant's father, Kashi Prasad, came to intervene, but all the accused persons together assaulted him with sticks and iron rods, inflicting grievous injuries. The family members of the informant called the police on Dial 112, upon which the accused fled away after issuing threats. The victims were taken to Kurtha Health Centre and then referred to Arwal Sadar Hospital, and on 14.03.2025, a phone call informed them about the death of informant's father after which the FIR was registered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that both parties are agnates, and there is a case and counter case between them. In fact, the counter case has been lodged by the petitioner's wife against the informant and other members of his family. It is further submitted that there is no specific allegation against the petitioner; rather, the allegations levelled are general and omnibus in nature. The allegation of assault is levelled jointly against five persons, including the petitioner, without any specific role being assigned to him. Learned counsel further
Patna High Court CR. MISC. No.58908 of 2025(2) dt.27-08-2025 3/3 submits that according to the impugned order, injured Yogendra Yadav had only one external injury i.e., a cut of 2 x 1⁄2" on the left temporal region, caused by a hard and blunt object. Lastly, it is submitted that the petitioner has been in custody since 23.05.2025, and he has no criminal antecedents.
5. Learned Additional Public Prosecutor for the State has opposed the prayer.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Arwal, in connection with Manikpur P.S. Case No. 22 of 2025.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T