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2026 DAILYLAW 40396 (PAT)

Santosh Sah @ Santosh Kumar Sah v. The State of Bihar

CR. MISC./79677/2025 · 2026-01-06

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79677 of 2025 Arising Out of PS. Case No.-226 Year-2025 Thana- BIRAUL District- Darbhanga ====================================================== 1. Santosh Sah @ Santosh Kumar Sah S/O Dev Chandra Sah R/O Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga. 2. Ram Avtar Sah @ Ram Avtar Sahu S/O Late Jitu Sah R/O Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga. 3. Barun Sah @ Varun Kumar Sahu S/O Ram Avtar Sah R/O Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga. 4. Ram Bilash Sah @ Ram Bilash Sahu S/O Late Jitu Sah R/O Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga. 5. Gita Devi W/O Ram Bilash Sah R/O Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga. 6. Shanti Devi W/O Ram Avtar Sah R/O Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga. 7. Guriya Devi W/O Radhe Shyam Sah R/O Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga. 8. Santosh Sah @ Suman Sah @ Suman Kumar Sahu S/O Nandan Sah R/O Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga. 9. Aman Sah @ Aman Kumar @ Aman Kumar Sah S/O Santosh Sah R/O Village- Neuri Tola Navtoliya, P.S- Biraul, Distt.- Darbhanga. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nafisu Zzoha, Advocate For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 06-01-2026 1. 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), 115(2), 74, 303(2), 351(2), 352 and 3(5) of the BNS, 2023. 3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner nos. 5, Patna High Court CR. MISC. No.79677 of 2025(2) dt.06-01-2026 2/3 6 and 7 are women and the informant alleges that on 30.06.2025 at 08:10 PM, the accused persons including the petitioners came and started abusing and assaulted her husband by fist and leg while Ram Awatar ordered to vacate the house and Santosh along with Ashish started dragging her husband by putting towel around his neck, further Laxman, Radhe Shyam and Krishna assaulted her by fist and tore her blouse, next alleges that Guriya snatched chain of her mother-in-law of the informant and accused looted household articles worth Rs. 5 Lakhs. 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that entire family members including the women folk have been implicated in the instant case. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant herself alleges that Ram Awatar ordered to vacate the house which amply demonstrates that the house in question belongs to the side of the petitioners and the informant and her side is forcefully occupying the house for which an altercation took place and both sides assaulted each other, but then in order to coerce the side of the petitioners into submission, a false case came to be instituted. It is next submitted that from side of the petitioners also Biraul Patna High Court CR. MISC. No.79677 of 2025(2) dt.06-01-2026 3/3 P.S. Case No. 78 of 2025 came to be instituted against the informant and her side, as such, the instant FIR is a counterblast. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Biraul P.S. Case No. 226 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. Accordingly, the instant anticipatory bail application is allowed. Rishabh/- (Satyavrat Verma, J) U T