Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59853 of 2025 Arising Out of PS. Case No.-276 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Santosh Yadav S/o- Yogendra Yadav Village- Caimbrige School Near Baba Nagar Ps- Buxar M Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umashankar Prasad, Sr. Adv Mr. Kamla Kant Tiwary, Adv For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-11-2025 Heard learned Senior counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 191(2), 191(3), 308(3), 109, 118(1) and 115(2) of the B.N.S.
3. The case of the prosecution, in short, is that, the petitioner along with 4-5 unknown accused came and asked the informant to stop the construction of his house and demanded extortion of Rs. 5 Lakhs or in lieu thereof to register 5 katha of land in their name. It is further alleged that the specific allegation against Santosh Yadav (petitioner) is that he assaulted with an iron rod on the head of one Deepak Kesari due to which he sustained grievous injuries.
Patna High Court CR. MISC. No.59853 of 2025(3) dt.27-11-2025 2/3
4. Learned Senior counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned Senior counsel for the petitioner has submitted that the co-accused Dharmendra Yadav has already been granted anticipatory bail by a Co-ordinate bench of this Court vide order dated 01.11.2025 passed in Cr. Misc. No. 69786 of 2025. It has further been submitted that the only allegation against the petitioner is that he has given one blow on the head of Deepak Kesari and there is no repetition of blow. Moreover, the petitioner is languishing in judicial custody since 12.07.2025 having no criminal antecedent.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and submitted that this petitioner has caused grievous injury on the head of the one Deepak Kesari and from perusal of the injury report of Deepak Kesari it is evident that he has received two injuries i.e. (i) lacerated wound over fore-head (Size 01CMx1/2CM) and (ii) abrasion on right shoulder (size 02CMx02CM). Regarding nature of the said injuries, doctor has opined that injury no. 1 is grievous in nature and injury no. 2 is simple in nature caused by hard and blunt substance.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.59853 of 2025(3) dt.27-11-2025 3/3 considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Buxar (Muffasil) P.S. Case No. 276 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/concerned Court below.
7. Accordingly, the application stands allowed. (Ashok Kumar Pandey, J) Jyoti/- U T