Patna High Court
Bose Kumar @ Mritunjay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
Bose Kumar, also known as Mritunjay Kumar Singh, was arrested in connection with an assault case (PS Madanpur Case No. 355 of 2025) involving multiple accused. The FIR, lodged after an unexplained delay, alleges that the petitioner participated in a mob assault on the informant's family, though the petitioner claims he was falsely implicated due to village rivalry and that the allegations are general and omnibus. He has been in custody since 4 November 2025 and a chargesheet has already been filed. The petitioner applied for regular bail under several sections of the Bharatiya Nyaya Sanhita, 2023, and the State opposed the application. The court, noting the vague nature of the accusations, the prolonged pre‑trial detention of over four months, and the filing of the chargesheet, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 despite the serious nature of the charges
- Whether the delay in filing the FIR and the omnibus nature of the allegations justify granting bail
- Whether the period of pre‑trial detention exceeding four months warrants bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 303(2), 329(4), 351(3)
Subjects
- regular bail
- pre‑trial detention
- omnibus allegations
- FIR delay
- Bharatiya Nyaya Sanhita
- assault
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17705 of 2026
Arising Out of PS. Case No.-355 Year-2025 Thana- MADANPUR District- Aurangabad
======================================================
Bose Kumar @ Mritunjay Kumar Singh Son of Jayram Singh Resident of
village - Banokhar, P.S.- Madanpur, District - Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Tiwari, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Madanpur P.S. Case no.
355 of 2025 registered under sections 191(2), 190, 329(4),
126(2), 115(2), 117(2), 109, 303(2) and 351(3) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that while she along with her family members were at home, the
five named accused persons came and started to assault her
father-in-law. Thereafter there was some altercation between the
Patna High Court CR. MISC. No.17705 of 2026(2) dt.25-03-2026
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parties and they started to abuse and assault him with iron rod.
The informant further states that on shutting the door to their
house, besides the five named accused persons, ten other named
accused persons including the petitioner herein started to throw
stones etc on the house as a result of which the sister-in-law
(gotni) of the informant sustained injuries.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of
local/village rivalry. The allegation against the petitioner are general
and omnibus in nature. There is an unexplained delay in lodging of
the FIR. The petitioner is in custody since 4.11.2025 and undertakes
to cooperate in the investigation/trial.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the allegations being general and omnibus in nature, his
being in custody for more than four months since 4.11.2025 and
chargesheet having been submitted in the case, the Court directs
the petitioner to be enlarged on bail in connection with Madanpur
P.S. Case no. 355 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.17705 of 2026(2) dt.25-03-2026
3/3
the satisfaction of the learned Chief Judicial Magistrate,
Aurangabad.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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