Santu Kumar @ Santu Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Santu Kumar @ Santu Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail if arrested or surrendered within four weeks of the order, furnishing an anticipatory bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the concerned Court below where the case is pending, subject to the conditions under Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Makhdumpur (Tehta O.P.) P.S. Case No. 62 of 2026 (offences under the BNS and Section 27 of the Arms Act), should be released on anticipatory bail.

Court's answer

On due consideration of rival submissions, finding the background of the alleged incident to be superficial, the Court directed that the petitioner, in the event of his arrest or surrender before the learned trial Court within four weeks of the order, be released on anticipatory bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — Patna High Court (Crl. Misc. No.42932 of 2026, decided 13-07-2026; Ranjan Kumar Jha, J) — Petitioner, named at serial No.6 in FIR No.62/2026 of P.S. Makhdumpur (Tehta O.P.), Dist. Jehanabad, alleging assault on the informant's party by seven named and 40-50 unknown persons on some communal background, apprehended arrest for offences punishable under Sections 191(1), 191(2), 191(3), 190, 115(2), 117(2), 125, 109(1), 298, 299, 351(3) BNS and Section 27 Arms Act. Counsel for petitioner submitted there was no specific overt act attributed to him and no criminal antecedent, and that the FIR did not make clear whether any informant-party member sustained injury; the APP opposed the prayer. Finding the background of the alleged incident superficial, the Court directed release on anticipatory bail upon arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two like sureties, subject to Section 482(2) BNSS conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42932 of 2026

Arising Out of PS. Case No.-62 Year-2026 Thana- MAKHDUMPUR District- Jehanabad

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Santu Kumar @ Santu Yadav S/O Akhilesh Kumar @ Mahendra Yadav Resident of Village- Mira Bigha, P.S- Makhdumpur, (Tehta O.P), DistJehanabad. ... ... Petitioner/s

Versus The State of Bihar. .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Neeraj, Advocate Ms. Kumari Anjani Sinha, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER

2 13-07-2026

Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The petitioner is apprehending his arrest in connection Makhdumpur (Tehta O.P.) with P.S. Case No. 62 of 2026 registered for the offences punishable under Sections 191(1), 191(2), 191(3), 190, 115(2), 117(2), 125, 109(1), 298, 299, 351(3) of the BNS and 27 of the Arms Act.

The allegation in the FIR is that informant’s party was assaulted by seven named and 40-50 unknown persons, on some communal background. The name of the petitioner is at serial No.6 of the FIR.

It is submitted by learned counsel appearing on behalf of the petitioner that there is no specific overt act

Patna High Court CR. MISC. No.42932 of 2026(2) dt.13-07-2026 2/2

attributed against the petitioner. The petitioner is one of the seven named accused persons in the FIR. He further submits that from perusal of FIR, it is not clear that any of the informant party has sustained injury or not. The petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer of anticipatory bail vehemently.

On due consideration of rival submission this Court is of the view that in the background of the alleged incident appears to be superficial, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing anticipatory bail bond of Rs. 10,000/- (Ru-pees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below where the case is pending in connection with Makhdumpur (Tehta O.P.) with P.S. Case No. 62 of 2026 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Ranjan Kumar Jha, J)

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