Patna High Court
Sri Mantu Kumar Raut @ Mantun RautversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
The High Court upheld the Sessions Judge’s order rejecting anticipatory bail.
Summary
Mantu Kumar Raut appealed against the rejection of his anticipatory bail application by the Special Sessions Judge handling offences under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act. The prosecution alleged that the informant was assaulted, rendered unconscious, and suffered grievous injuries including a fracture of the occipital bone and frontal hematoma. The appellant contended that the FIR contained only an omnibus allegation against family members and that bail should be granted. The High Court examined the nature of the injuries and the statutory provisions and found no basis to extend bail. Consequently, it confirmed the Sessions Judge’s order rejecting anticipatory bail and dismissed the appeal.
Issues considered
- Whether the appellant is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act.
- Whether the nature of the injuries constitutes grievous hurt warranting denial of bail.
- Whether the Sessions Judge’s rejection of anticipatory bail was legally infirm.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 329(3), 3(5), 352
- SC/ST Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- grievous hurt
- SC/ST Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- assault
- bail rejection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3405 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Sri Mantu Kumar Raut @ Mantun Raut S/O Dinesh Raut R/O Village-
Tarauni, P.S- Katri Sarai, Distt.- Nalanda (Biharsharif).
... ... Appellant/s
Versus
1. The State of Bihar
2. Kaushalya Devi W/O Sri Indra Deo Choudhary R/O Village- Tarauni, P.S-
Katri Sarai, Distt.- Nalanda (Biharsharif).
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kumar Manglam, Adv.
For the Respondent/s : Mrs. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 23-02-2026 Heard the parties.
2. This appeal has been filed against the order dated-
28.07.2025 passed by the learned 6th Additional Sessions
Judge-cum- Special Judge, SC/ST Act, Nalanda (Biharsharif) in
connection with Giriyak (Katri Sarai) P.S. Case No. 261 of 2025
offences under section 126(2), 115(2), 117(2), 118(1), 109(1),
329(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 3 (1) (r) (s) of the SC/ST Act and the learned 6th
Additional Sessions Judge-cum- Special Judge, SC/ST Act,
Nalanda (Biharsharif), where by and where under the prayer for
Anticipatory bail of the appellant was illegally been rejected,
Pending in the court of the learned 6th Additional Sessions
Patna High Court CR. APP (SJ) No.3405 of 2025(4) dt.23-02-2026
2/3
Judge-cum- Special Judge, SC/ST Act, Nalanda (Biharsharif).
3. As per the prosecution story, the informant alleged
that the accused persons after abuse, assaulted, making her
unconscious. The Police came and took her for treatment to
Primary Health Centre, Katri Sarai and then referred to
Bhagwan Mahabir Institute Medical Hospital, Nalanda for better
treatment. This followed the FIR.
4. Learned counsel for the appellant submits that a
perusal of the FIR would show that omnibus allegation has been
made against the accused persons who are family members.
5. Learned Spl. P.P. as also the learned counsel for the
informant has taken this Court to the learned Sessions Judge
order to show that not only there was pain in the chest, the city
scan shows fracture in the occipital bone as also Hematoma in
the frontal bone region and the nature of the injury has been
found to be grievous.
6. Considering the submissions of the parties and after
going through the nature of injury, this Court is not inclined to
extend him relief.
7. Accordingly, the order dated 28.07.2025 passed in
Giriyak (Katri Sarai) P.S. Case No. 261 of 2025 by learned 6th
Additional Sessions Judge-cum- Special Judge, SC/ST Act,
Patna High Court CR. APP (SJ) No.3405 of 2025(4) dt.23-02-2026
3/3
Nalanda (Biharsharif) stands confirmed.
8. Cr. APP (SJ) No. 3405 of 2025 stands rejected.
(Rajiv Roy, J)
Vijay Singh/-
U T
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