Patna High Court

Mantu KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court granted regular bail to the petitioner upon furnishing bail bonds of Rs.10,000 with two sureties.

Summary

The petitioner, Mantu Kumar, was charged under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and his family. He claimed innocence, alleging a counter‑case and a pending civil dispute between the parties, and pointed out that the injury to the alleged victim was minor. The petitioner had been in custody since 31‑10‑2025 and had no prior criminal record. The State opposed the bail application. After considering the facts, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, and the application was allowed.

Issues considered

Whether regular bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita given the nature of the offences alleged
Whether the petitioner poses a flight risk or threat to the investigation

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 333, 3(5), 351(2), 351(3), 352

Subjects

regular bail
Bharatiya Nyaya Sanhita
assault
criminal procedure
bail bond
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.212 of 2026
                       Arising Out of PS. Case No.-457 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Mantu Kumar Son of Rajdeo Yadav Resident of Village - Mastpura, P.O.-
                 Bagdaha, P.S.- Bodhgaya, District - Gaya Ji, Bihar - 823004.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Deepak Kumar, Advocate
                                                 Mr. Kumar Abhishek, Advocate
                 For the Opposite Party/s :      Mrs. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seek regular bail in Bodhgaya P.S.

                   Case No. 457 of 2025 dated 20-06-2025, registered under

                   Sections 126(2), 115(2), 303(2), 109, 333, 352, 351(2), 351(3)

                   and 3(5) of the Bharatiya Nyaya Sanhita.

                                 3. The petitioner and his family members are alleged

                   to have assaulted the informant and his family members.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that there is a case and

                   counter-case between the parties, the counter-case being

                   Bodhgaya P.S. Case No. 459 of 2025 dated 22.06.2025, filed by
Patna High Court CR. MISC. No.212 of 2026(2) dt.15-01-2026
                                            2/3




          the petitioner’s family against the informant and his family

          members. It is also submitted that there is a civil dispute

          pending between the parties. The allegation against the

          petitioner and one of the co-accused, namely Rajdeo Yadav is of

          having assaulted the informant’s brother, Awadhesh Kumar,

          with an iron rod, as a result of which, he allegedly sustained a

          head injury. It is further submitted that from a bare perusal of

          the order dated 11.12.2025 rejecting the petitioner’s bail

          application in A.B.P. No. 2850 of 2025, it would appear that the

          injured Awadhesh Kumar had sustained only one injury on the

          left side of the forehead. On the contrary, the allegation of

          assault is against two persons, whereas the nature of injury has

          been opined to be simple. Lastly, it is submitted that the

          petitioner has been in custody since 31.10.2025 and has no

          criminal antecedents.

                       5. Learned Additional Public Prosecutor for the State

          has opposed the prayer.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned            CJM Gaya Ji, in
           Patna High Court CR. MISC. No.212 of 2026(2) dt.15-01-2026
                                                       3/3




                     connection with Bodhgaya P.S. Case No. 457 of 2025.

                                  7. The application stands allowed.


                                                  (Khatim Reza, J)

shyambihari/-

U

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