Patna High Court
Mantosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, under the conditions of section 482(2) of the B.N.S.
Summary
The petitioner, Mantosh Kumar, was implicated in a FIR under sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita for allegedly participating in an assault that led to the death of Maharaj Kumar. The prosecution alleges that the petitioner, along with co‑accused, attacked the victim during a marriage function, resulting in death by shock due to electrocution. The petitioner contended that he was merely a guest at the marriage, did not partake in the assault, and is ready to cooperate with the investigation. The State opposed the bail application, while the petitioner sought relief citing that similarly situated co‑accused had been granted anticipatory bail. The Court, after considering the facts, investigation material, and the provisions of section 482(2) of the B.N.S., ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the FIR under sections 103(1) and 3(5).
- Whether the circumstances of the case justify the grant of bail in view of the prosecution's allegations and the petitioner's claim of innocence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 3(5), 482(2)
Subjects
- anticipatory bail
- bail
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- FIR
- electrocution death
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16729 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Mantosh Kumar S/o Rajesh Chaudhary R/o Ward No. 07, Bagahi Nimiya
Tola, P.S.- Bairiya, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 103(1), 3(5) of the
B.N.S.
3 . As per the prosecution story, the informant alleged
that his son, Maharaj Kumar was working outside and was a
friend of Parma Chaudhary son of the co-accused Mahesh
Patna High Court CR. MISC. No.16729 of 2026(3) dt.12-05-2026
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Chaudhary. There was a marriage in the family of Parma
Chaudhary and his son was also attending it. There, some
altercation took place and the accused persons with common
intention, assaulted his son, causing his death. This led to the
FIR.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
was only attending the marriage, where unfortunate incident
took place. As per post-mortem report, cause of death has been
recorded as shock as a result of electrocution. Petitioner is ready
to cooperate in the investigation/trial. Similarly situated co-
accused persons have already been granted anticipatory bail by
co-ordinate Bench of this Court vide order dated 11.02.2026
passed in Cr. Misc. No. 67296 of 2025.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, materials collected
during investigaiton and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Ld. J.M.,
Patna High Court CR. MISC. No.16729 of 2026(3) dt.12-05-2026
3/3
West Champaran, Bettiah in connection with Bairiya P.S. Case
No. 202 of 2025 , subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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