Santu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72818 of 2025 Arising Out of PS. Case No.-198 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== 1.

Santu Sah S/O Late Naga Sah @ Naga Sah R/O Vill.- Balochak, P.S.- Chakia, Dist.- East Champaran.

2.

Dharmsheela Devi W/O Prabhu Sah R/O Vill.- Balochak, P.S.- Chakia, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Suraj Kumar Tiwari, Advocate Mr. Akshay Tripathi, Advocate s For the State :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 103(1) and 3(5) of the B.N.S..

3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, armed with deadly weapons, came to the door of informnat and started abusing and assaulted informant and her family members. It is further alleged that co-accused Bittu Kumar assaulted husband and brother-in-law (Bhaisur) of informant

Patna High Court CR. MISC. No.72818 of 2025(3) dt.15-11-2025 2/3 with knife as a result of which, during course of treatment, husband of informant died.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that petitioners are named in the F.I.R. but no specific role has been attributed to them. Petitioners are not the assailants of the deceased and they are only alleged to have abused the informant. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners 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 learned J.M. 1st Class, East Champaran, Motihari in connection with Chakia P.S. Case No.

Patna High Court CR. MISC. No.72818 of 2025(3) dt.15-11-2025 3/3 198 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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