Patna High Court
Pani Botal @ MantuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 127(2), 191(2), 191(3), 351(2), 352
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
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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
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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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