Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57670 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.

Santosh Sah Son of Ganesh Sah R/o Village - Parsauni, Ward No.7, P.S. - Parsauni, Dist. - Sitamarhi.

2.

Poonam Devi @ Poonam Kumari W/o Santosh Sah R/o Village - Parsauni, Ward No.7, P.S. - Parsauni, Dist. - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Murari, Advocate For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 115(2), 118(1), 109, 324(4), 351(2) and 3(5) of the B.N.S.

3. The allegation in the First Information Report is that the informant was assaulted by the accused persons including the present petitioners causing injury to him.

4. The learned counsel for the petitioners submits at the outset that the petitioner no.1 and the informant are own brothers and the present case has been lodged with malicious

Patna High Court CR. MISC. No.57670 of 2025(4) dt.21-01-2026 2/3 intention. It has further been submitted that there are 20 days delay in lodging the F.I.R. for which no substantial explanation has been tendered. So far as the allegation against petitioner no.1 is concerned, it is confined to demanding of Rs.5 lakh as Rangdari whereas petitioner no.2, who is a lady, has been alleged with sprinkling chilli powder on the face of the informant, coupled with the fact that there is general allegation on petitioner no.1 and one another accused of assaulting the informant on his head by sharp weapon causing head injury. As opposed to the same, the injury report indicates that the injury is simple in nature caused by hard and blunt substance.

5. Learned APP for the State opposed the prayer for anticipatory bail on the basis of allegations made in the First Information Report.

6. Taking into consideration the facts and circumstances and considering the dispute between two brothers, coupled with the fact that the F.I.R. was lodged after delay of 20 days and also considering the nature of the injury, let the above named petitioners, who have no criminal antecedent, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.57670 of 2025(4) dt.21-01-2026 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Parsauni P.S. Case No. 68 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Soni Shrivastava, J) anand/- U T