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Patna High Court

Mantosh Kumar @ Mantosh SharmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioners.

Summary

Mantosh Kumar and Mukesh Kumar, nephews of the informant, were implicated in a land‑dispute related case (Bairiya PS Case No.531/2025) alleging assault, grievous injuries and other offences. They filed an anticipatory bail application, claiming false implication and that the FIR lacks specific details, also noting the youth of the second petitioner. The State opposed the bail, emphasizing the seriousness of the assault, prior criminal history, and risk of absconding. The informant’s counsel argued the FIR, though not exhaustive, contains specific allegations of brutal assault causing serious injury. After hearing both sides, the Court found the submissions of the State persuasive and declined to grant anticipatory bail. Consequently, the petitioners' anticipatory bail application was rejected.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the circumstances of the FIR.
  • Whether the allegations in the FIR constitute a serious offence justifying denial of bail.
  • Whether there is a likelihood of the petitioners absconding if bail is granted.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • FIR
  • false implication
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14122 of 2026
                   Arising Out of PS. Case No.-531 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
           1.     Mantosh Kumar @ Mantosh Sharma S/o Sanchit Sharma Resident of
                  Village- Laukariya, Ward No. 16, P.S.- Bairiya, Dist.- West Champaran
           2.    Mukesh Kumar @ Mukesh Sharma S/o Sanchit Sharma Resident of Village-
                 Laukariya, Ward No. 16, P.S.- Bairiya, Dist.- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sitesh Kashyap
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioners apprehend their arrest in connection

                   with Bairiya P.S. Case No.531/2025, registered for the offences

                   punishable under Sections 126(2), 115(2), 76, 109(1), 303(2),

                   352, 351(2) and 3(5) of the B.N.S.

                                3. Learned counsel for the petitioners submits that

                   petitioners have antecedent of one case and the informant

                   alleges that 30 katha of land was equally divided amongst the

                   three brothers after leaving a 10 ft. path but petitioners who are

                   his nephew along with other named accused persons were
Patna High Court CR. MISC. No.14122 of 2026(2) dt.12-03-2026
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          constructing a room over the path, on objection by the daughter-

          in-law of the informant, namely, Madhu, the brother of the

          informant namely Sanchit and his daughter-in-law started

          abusing and assaulting Madhu and tore her saree, further when

          the son of the informant Rakesh came to save Madhu, Mukesh

          and Mantosh (petitioners) on order of their father Sanchit,

          assaulted him by bamboo causing injury on mouth and nose and

          he became unconscious, thereafter Babita, Sarita and Renu

          assaulted his wife and younger son and Shravan took out

          Rs.10,000/- from his pocket and Mukesh snatched his chain.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          occurrence took place on account of dispute relating to land. It

          is also submitted that petitioners are own nephew of the

          informant. It is further submitted that though it is alleged that

          petitioners assaulted Rakesh by bamboo causing injury but then

          the allegation of assault is not specific. It is also submitted that

          petitioner no.2 is a young boy aged about 19 years.

                       5. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the informant opposes the prayer for
Patna High Court CR. MISC. No.14122 of 2026(2) dt.12-03-2026
                                            3/4




          anticipatory bail of the petitioners. Learned counsel appearing

          on behalf of the informant submits that FIR is not an

          encyclopedia that all the facts are given in detail. It is next

          submitted that there is specific allegation of assaulting Rakesh

          by the petitioners. It is also submitted that the assault was so

          brutal that Rakesh had to be referred to PMHC and had to

          undergo a brain surgery. It is next submitted that no doubt the

          occurrence took place on account of dispute relating to land

          amongst the agnates but then the manner in which the force was

          used by the petitioners amply demonstrates their intention. It is

          also submitted that the injuries have been opined to be grievous

          in nature. It is next submitted that no doubt the petitioner no.2 is

          a young boy but then petitioners earlier were also implicated in

          a case registered under the Indian Penal Code and POCSO Act

          which further reflects their mentality. It is also submitted that if

          privilege of anticipatory bail is granted to the petitioners, the

          petitioners may abscond.

                       6. After hearing the learned counsel for the parties, the

          Court is in complete agreement with the submissions made by

          the learned counsel appearing on behalf of the informant as such

          is not inclined to extend the privilege of anticipatory bail to the

          petitioners.
             Patna High Court CR. MISC. No.14122 of 2026(2) dt.12-03-2026
                                                         4/4




                                    7. The anticipatory bail application of the petitioners

                       is rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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