Patna High Court
Istekhar MansoorversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bail bonds, sureties and conditions of cooperation with the investigation.
Summary
Istekhar Mansoor, a resident of Bhagalpur, applied for anticipatory bail after being implicated in a FIR alleging that he, along with 15 other named accused and about 200 unknown persons, assaulted his sons and a villager, leading to serious injuries and death. The petitioner argued that he has a clean record, the allegations are vague and omnibus, and that he has been falsely implicated by the informant. The State opposed the bail, contending the seriousness of the offences listed under the B.N.S. 2023. The Court examined the petition, noting that anticipatory bail under Section 438 of the Cr.P.C. and Section 482(2) of the B.N.S.S. may be granted if the petitioner is not likely to flee or tamper with evidence. It ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to cooperation with the investigation and the possibility of cancellation if he fails to cooperate. The order emphasizes the balance between protecting individual liberty and ensuring the integrity of the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. and Section 482(2) of the B.N.S.S. given the nature of the allegations.
- Whether the petitioner is likely to abscond or tamper with evidence in the case.
Legislation cited
- B.N.S., 2023 — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(3), 352, 61(2)
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- false implication
- assault
- communal tension
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16517 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- SANHAULA District- Bhagalpur
======================================================
Istekhar Mansoor Son of Muslim Mansoor Resident of Village- Khiriband
Sanhoula, Maheshpur, P.S.- Sanhoula, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
Mr. Amit Kumar Mishra, Advocate
Mr. Barun Kumar Singh, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 190,
191(2), 191(3), 109, 61(2), 126(2), 115(2), 118(1), 352, 351(3)
and 103(1) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that his sons Kumar Shivam and Kumar Satyam went to
the market for purchasing vegetables on 23.09.2025, at 06:00
p.m., when 16 named accused persons including the petitioner
along with 200 unknown accused assaulted his sons by lathi,
danda, fighter etc. on account of which they fell and became
Patna High Court CR. MISC. No.16517 of 2026(2) dt.07-04-2026
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unconscious. Further, the accused persons also assaulted his
villager, namely, Manoj. The injured were taken to the hospital
from where they were referred to Mayaganj Hospital,
Bhagalpur. It is also alleged that accused persons abused and
tried to create communal tension and earlier also they have tried
to disturb communal peace.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
allegation of abuse and assault is general and omnibus in nature.
It is next submitted that informant alleges that named accused
persons along with 200 unknown accused were assaulting his
sons but then it is submitted that it does not stand to reason as to
why so many accused would have assaulted the sons of the
informant without any fault. It is also submitted that no doubt,
Manoj died during the course of treatment but then allegation of
assault is not specific. It is submitted that if the privilege of
anticipatory bail is granted to the petitioner, the petitioner will
not abscond rather will cooperate in the investigation to prove
his innocence.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.16517 of 2026(2) dt.07-04-2026
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anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/Successor
Court in connection with Sanhaulla P.S. Case No. 165 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that if the Investigating
Officer of the case files an application before the learned Trial
Court bringing to its notice that the petitioner, despite giving
assurance to this Court, is not cooperating in the investigation,
the learned Trial Court shall be at liberty to cancel the bail
bonds of the petitioner.
(Satyavrat Verma, J)
Kundan/-
U T
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