Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Mantu Kumar was arrested in connection with a death that the prosecution alleges resulted from an assault by Vishal Kumar, leading to the victim falling into a well. The petitioner sought regular bail for offences under Sections 103(1), 61(2) and 3(5) of the BNS, arguing that the FIR does not allege any overt act by him, that he is a cousin of the informant, and that he has no prior criminal record. The State opposed the bail application. The court examined the lack of direct accusation against the petitioner, his clean antecedent, and the circumstances suggesting a trivial dispute. Finding no substantive basis to deny bail, the court ordered his release on a bail bond of Rs.10,000 with two sureties. The bail order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether regular bail can be granted to the petitioner accused under Sections 103(1), 61(2) and 3(5) of the BNS
Legislation cited
- BNS — s. 103(1), 3(5), 61(2)
Subjects
- regular bail
- criminal procedure
- BNS
- Sections 103, 61, 3
- no criminal antecedent
- trivial dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13629 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Mantu Kumar S/O Lalbabu Singh R/O Nandani Path West Patel Nagar, P.S.-
Sashtri Nagar, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithlesh Kumar Gupta. Advocate
Mr. Ramesh Gupta, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 103(1),
61(2) & 3(5) of the BNS.
3. The case of the prosecution, in short, is that one
Vishal Kumar has assaulted Shiv Kumar (deceased) with crick
and due to impact of brick, he fell down in the well and later on
died.
4. Learned counsel for the petitioner submits that
from perusal of the FIR it is clear that there is direct allegation
against Vishal Kumar @ Chhotu. Learned counsel for the
petitioner has further submitted that though the petitioner is
Patna High Court CR. MISC. No.13629 of 2026(2) dt.12-03-2026
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arrayed as accused in this case but no overt act has been alleged
against him of causing any assault to the deceased. It has further
been submitted that the petitioner and the informant both are
cousins and the incident has taken place of trivial issue. Learned
counsel for the petitioner has further submitted that the
petitioner is having no criminal antecedent and he is in judicial
custody since 05.10.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Shastri Nagar P.S. Case No. 182 of
2025 on furnishing bail bond of Rs.10,000 (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Session Judge-V, Patna.
(Ashok Kumar Pandey, J)
durgesh/-
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