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Patna High Court

Pani Botal @ MantuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no specific allegation against him and considering the charge sheet already filed.

Summary

The petitioner, Pani Botal, was arrested in connection with a case of assault and related offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with others, participated in a violent attack on the informant and his friend, including assaults with fists and knives. The petitioner contended that he has no prior criminal record, was falsely implicated, and that the FIR does not specifically charge him, with no material recovered from his possession. The State opposed bail, but the court noted the lack of specific allegations against the petitioner, the filing of the charge sheet, and the duration of custody. Consequently, the court granted bail on the condition of a cash bond and two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
  • Whether the petitioner is specifically implicated in the FIR or merely a general accused, affecting the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • Bharatiya Nyaya Sanhita
  • false implication
  • charge sheet
  • no antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16241 of 2026
                  Arising Out of PS. Case No.-138 Year-2025 Thana- PURUSHOTTAMPUR District- West
                                                       Champaran
                 ======================================================
                 Pani Botal @ Mantu S/O Shekh Rahman @ Shekh Arman R/O village-
                 Bhedihari, P.s.- Purushottampur, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :     Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Purushottampur P.S. Case No. 138 of 2025 instituted for the

                   offence under Sections 191(2), 191(3), 126(2), 127(2), 109(1),

                   118(1), 115(2), 352 & 351(2) of the Bharatiya Nyaya Sanhita,

                   2023.

                           3.       The prosecution case, in brief, is that the informant

                   alleged that while he and his friend Raushan Kumar had gone to

                   Marajadwa Bazar for a haircut, the accused persons namely

                   Nasir Quraishi, Shekh Sameer, Shekh Sonu, Pani Botal

                   (petitioner) and others came there due to previous enmity and

                   started assaulting them with fists and slaps. Thereafter, the
Patna High Court CR. MISC. No.16241 of 2026(2) dt.13-03-2026
                                            2/3




          accused persons again came to the clinic where Shekh

          Saidurahaman and others allegedly assaulted Raushan Kumar

          and the informant with knives causing injuries.

                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 20.12.2025. Petitioner

          bears no criminal antecedents, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. From perusal of the FIR, it would manifest that there is no

          specific allegation against the petitioner, rather the same is

          general and omnibus in nature. It is next submitted that specific

          allegation is attributed to co-accused, namely                Shekh

          Saidurahaman. Charge sheet has already been submitted in this

          case. Nothing has been recovered from the conscious possession

          of the petitioner.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner, there being no

          specific allegation against the petitioner and charge sheet being

          submitted, this Court is inclined to grant bail to the petitioner.
           Patna High Court CR. MISC. No.16241 of 2026(2) dt.13-03-2026
                                                       3/3




                             8.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Purushottampur P.S.

                     Case No. 138 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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