Santosh Yadav vs The State Of Bihar on 27 August, 2025

Patna High Court – Orders

Santosh Yadav vs The State Of Bihar on 27 August, 2025

Author: Alok Kumar Pandey

Bench: Alok Kumar Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55622 of 2025
                     Arising Out of PS. Case No.-212 Year-2022 Thana- CHHATAPUR District- Supaul
                 ======================================================
                 Santosh Yadav S/o- Baleshwar Yadav Resident of village - Ward No. 16,
                 Khaira Gadhiya, Police Station - Narpatganj, District - Araria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arun, Adv.
                 For the Opposite Party/s :       Mr.Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   27-08-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

2. Petitioner is apprehending arrest in connection

with Chhatapur P.S. Case No. 212 of 2022 registered for the

offences punishable under Sections 341, 447, 448, 323, 308,

354(B), 379, 385, 504, 506, 34 of the Indian Penal Code to

which section 325 and 307 I.P.C. was added later on and section

308 I.P.C. was deleted.

3. As per prosecution case, petitioner and others

came at the door of the informant and started abusing and

assaulting the informant. It is alleged that petitioner is said to

have taken away Rs.2000/- from the pocket of the informant’s

husband and snatched a gold chain.

4. Learned counsel for the petitioner submits that
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petitioner is innocent and has committed no offence as alleged

in the first information report and he has been falsely implicated

in this case. There is no specific allegation against the petitioner

except the allegation of snatching Rs. 2000/- and a gold chain,

which is ornamental in nature. Petitioner is only a member of

the mob and there is no specific overt act alleged against the

petitioner. He further submits that the occurrence took place on

21.05.2022 and 29.05.2022 but the F.I.R. was lodged on

03.06.2022 and there is no explanation in the F.I.R. for the

alleged delay which questions the authenticity of the

prosecution story. He submits that from perusal of the F.I.R.

even if the whole prosecution story is taken to be true, no case is

made out against the petitioner. Petitioner was living outside the

State to earn his livelihood and due to communication gap

petitioner has not moved this Court earlier. Petitioner has no

criminal antecedent.

5. The learned A.P.P. for the State vehemently

opposes the prayer for anticipatory bail of the petitioner and

submits that petitioner is named accused in the F.I.R. and he his

participation in the alleged occurrence cannot be out-rightly

rejected.

6. Considering the facts and circumstances of the
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case, keeping in view clean antecedent of petitioner, there is no

specific over act alleged against the petitioner, argument

advanced on behalf of both sides and also taking into

consideration the material available on record, the petitioner,

above named, in the event of arrest or surrender within a period

of six weeks from today, be released on anticipatory bail on

furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

each with two sureties of the like amount each to the satisfaction

of Judicial Magistrate, 1st Class, Supaul in connection with

Chhatapur P.S. Case No. 212 of 2022, subject to the conditions

as laid down under section 438(2) of the Code of Criminal

Procedure.

7. The application stands allowed.

(Alok Kumar Pandey, J)
mcverma/-

U     T