Patna High Court
Mantu Turha @ Mantu Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court grants anticipatory bail to the petitioner, subject to specified conditions.
Summary
Mantu Turha (also known as Mantu Kumar Sah), a rustic and illiterate resident of Gopalganj, filed a petition seeking anticipatory bail in connection with FIR No. 219 of 2019, which alleged his involvement in offences under several sections of the Indian Penal Code, including 147, 149, 307, and 504. The petitioner asserted that he had no criminal antecedent, was merely a passer‑by, and was unaware of any wrongdoing, contending that his name appeared in the FIR only because he was present at the scene. The State opposed the relief, pointing out that the petitioner’s name was recorded in the FIR. The Court, after considering the submissions, noted the absence of any direct allegation against the petitioner, his lack of prior record, and his undertaking to cooperate with the trial, and therefore granted anticipatory bail subject to stringent conditions, including a payment of Rs. 2,000 to the Chief Minister’s Relief Fund and a bail bond of Rs. 10,000 with two sureties. The order also imposed conditions such as regular appearance before the trial court and police station, non‑interference with witnesses, and abstention from further offences.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 of the CrPC to a petitioner implicated in multiple serious IPC offences?
- Whether the petitioner’s lack of prior criminal record and claim of being a mere passer‑by justify the grant of anticipatory bail despite the gravity of the alleged offences?
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- bail conditions
- criminal procedure
- rural petitioner
- multiple offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20802 of 2026
Arising Out of PS. Case No.-219 Year-2019 Thana- GOPALPUR District- Gopalganj
======================================================
Mantu Turha @ Mantu Kumar Sah S/O Nathu Turha Resident of Village -
Binod Khreya, P.S- Gopalganj, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Gopalpur P.S. Case No. 219 of 2019 for the
offence under sections 147, 149, 341, 323, 307, 332, 336, 337,
353, 188, 435 and 504 of the Indian Penal Code lodged on
16.11.2019 by the informant, Deepchand Joshi.
3. As per the prosecution story, the informant alleged
that for the removal of encroachment, Administrative/Police
officials reached the place but were welcomed with
abuse/bricks/stones. This led to the FIR.
4. Learned counsel for the petitioner submits that he do
not have any criminal antecedent, is a rustic/illiterate person and
had no knowledge about his implication in the FIR. Being a
passer-by, he may be present there which led to his implication and
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the investigation is still on. The last submission is that without
accepting the allegation and/or the outcome of the present petition,
learned counsel for the petitioner submits that he intends to
contribute Rs. 2,000/- to the Chief Minister’s Relief Fund.
5. Learned APP opposes the prayer submitting that his
name has cropped up and was there in the FIR.
6. Taking into account the submissions of the parties as
also that no direct allegation is against him, have no criminal
antecedent and an undertaking has been given that he shall be
diligently appearing in trial, in that background, this Court is
inclined to extend him the privilege of anticipatory bail with
conditions subject to payment of Rs. 2,000/- to the Chief
Minister’s Relief Fund through Demand Draft and the receipt be
submitted to the learned trial Court.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned CJM, 1st Class, Gopalganj in connection with Gopalpur
P.S. Case No. 219 of 2019 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
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License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for six months to mark his attendance
and after the end of the period, the certificate shall be submitted
before the Trial Court failing which steps shall be taken for the
cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(vi) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(Rajiv Roy, J)
Adnan/-
U T
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