Patna High Court
Md. Aouranjaib MansooriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to a bond and sureties.
Summary
The petitioner, Md. Aouranjaib Mansoori, was arrested in connection with a case involving alleged assault by 16 named and 200 unknown persons and has been in custody since 27 November 2025. He sought bail, contending that he is not named in the FIR and that the post‑mortem report shows only two external injuries, which contradicts the prosecution’s claim of a large‑scale assault. The court examined these contentions and found merit in the petitioner’s claim that the evidence does not substantiate the charges against him. Consequently, the court granted bail, ordering the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount and to cooperate with the trial. The order is limited to the bail application and does not prejudice the petitioner’s case at any later stage of the trial.
Issues considered
- Whether bail should be granted to the petitioner given that he is not named in the FIR and the medical evidence does not support the prosecution’s allegation of a mass assault.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(3), 352, 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- FIR
- post‑mortem report
- evidence
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21117 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- SANHAULA District- Bhagalpur
======================================================
Md. Aouranjaib Mansoori S/o Late Mustafa Mansoori @ Late Mustaf
Mansoor @ Late Mustafa Mansur R/o Village - Disarath, P.S - Sanhaula,
District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hansraj, Advocate
Mr.Md. Najmul Hodda, Advocate
For the State : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sanhaula P.S. Case No. 165 of 2025 registered for the offence
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 Bharatiya
Nyaya Sanhita.
3. As per the prosecution case, 16 named persons and
200 unknown persons are said to have assaulted the deceased
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with various weapons.
4. The petitioner is in custody since 27.11.2025.
5. It has been submitted by learned counsel for the
petitioner that the petitioner is not named in the FIR and the
postmortem report falsifies the prosecution case as only two
external injuries have been found on the body of the deceased.
He submits that if more than 200 persons would have assaulted
the victim, the victim would have sustained large number of
injuries.
6. Considering the fact that the petitioner was not
named in the FIR and the fact that the medical report does not
appear to support the case of the prosecution, this application is
allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
J.M.F.C., 1st Class, Bhagalpur/ concerned Court in connection
with Sanhaula P.S. Case No. 165 of 2025, subject to the
condition that the petitioner will co-operate in the trial.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
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any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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