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Patna High Court

Sri Mantu Kumar Raut @ Mantun RautversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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