Santu Kumar @ Santu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71980 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== 1.

Santu Kumar @ Santu Singh S/o Sunil Singh Resident of vill- Ward no 2, Barwa, P.S. -Lakhaura, dist -East Champaran 2.

Sunil Singh @ Sunil Kumar Singh S/o Ramlochan Singh Resident of villWard no 2, Barwa, P.S. -Lakhaura, dist -East Champaran 3.

Amlesh Singh @ Amlesh Kumar Singh S/o Ramlochan Singh Resident of vill- Ward no 2, Barwa, P.S. -Lakhaura, dist -East Champaran 4.

Golu Kumar S/o Sunil Singh Resident of vill- Ward no 2, Barwa, P.S. -Lakhaura, dist -East Champaran 5.

Shubham @ Shubham Kumar S/o Sunil Singh Resident of vill- Ward no 2, Barwa, P.S. -Lakhaura, dist -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Ms. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109(1), 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, on 23.05.2025, these petitioners, armed with various weapons, entered the house of informant and started abusing. When informant raised objection, petitioner no. 1 assaulted on the head of informant with iron rod

Patna High Court CR. MISC. No.71980 of 2025(2) dt.14-10-2025 2/3 and when her mother came to rescue her, she was also assaulted by the accused persons. Petitioner no. 3 is alleged to have assaulted on the head of one Amrendra Singh by means of farsa. It is further alleged that the accused persons also snatched gold ornaments of mother of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Dispute over pathway led to an altercation between the parties in which both sides sustained injuries. Allegation of assault is general and omnibus and there is no specific allegation of overt act against these petitioners. Case and counter case. Injuries sustained by the injured are simple in nature. Rest of the allegations are ornamental only to make the case grave.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and injuries, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,

Patna High Court CR. MISC. No.71980 of 2025(2) dt.14-10-2025 3/3 East Champaran, Motihari in connection with Lakhaura P. S. Case No. 149 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T