Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77658 of 2025 Arising Out of PS. Case No.-106 Year-2025 Thana- Manikpur District- Lakhisarai ====================================================== Santosh Yadav @ Santosh Kumar S/o Shankar Yadav R/o Village- Aurey Charghar, PS -Ramgarh, Distt.- Lakhisari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 308(5), 303(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant alleged that the petitioner and other co-accused had demanded ransom of Rs.25,000/- and also assaulted the informant by means of butt of pistol.

4. Learned counsel for the petitioner submits that it would be apparent from the first information report itself that besides the general allegations there is specific allegation on coaccused Sunny Kumar of having demanded ransom and it was the co-accused Sonu Kumar, who threatened him with pistol and it is then the informant handed over the extortion amount to Santosh Yadav (petitioner) whereafter other accused persons assaulted him by the butt of the pistol. It is thus submitted that so far as the

Patna High Court CR. MISC. No.77658 of 2025(2) dt.27-11-2025 2/3 petitioner is concerned, there is neither any allegation of making the demand nor having indulged in the assault. It has also been submitted that no injury in the said transaction has been caused to the informant.

5. Learned APP for the State opposed the grant of anticipatory bail on the basis of allegations made in the first information report.

6. Taking into consideration the facts and circumstances and also considering that there is no specific allegation of demand or assault upon the petitioner coupled with fact that no injury has been caused in the entire transaction, let the above named petitioner, be released on bail, in the event of his 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 Thousand) 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 Manikpur P.S. Case No. 106 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 subject to further condition:

i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

Patna High Court CR. MISC. No.77658 of 2025(2) dt.27-11-2025 3/3 ii) Before accepting the bail-bond of the petitioner, the learned court below will verify the antecedent of the petitioner and the same shall be done expeditiously preferably within two weeks of receipt of the present order and in case he has more than two criminal antecedents, his bail bonds shall not be accepted.

(Soni Shrivastava, J) anand/- U T