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Patna High Court

Mantu Singh @ Bhanu Pratap Rai @ Bhanu Pratap RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to bond and surety conditions under Section 482(2) of the BNS.

Summary

The petitioner, Mantu Singh, sought bail fearing arrest in connection with Madhopur Police Station Case No. 102 of 2025, which alleged offences under several sections of the Bharatiya Nagrik Suraksha Sanhita (BNS). The incident involved a group assault on an informant, resulting in a simple head injury. The petitioner argued that the FIR was lodged five days after the incident without a satisfactory explanation, and highlighted the minor nature of the injury and his clean antecedent. The State opposed bail, emphasizing the specific charge of assault on a vital part. The court, noting the delay in filing the FIR, the simple injury, and the lack of any flight risk, granted bail subject to a Rs.10,000 bond, two sureties, and the condition that one bailor be a close family member, invoking Section 482(2) of the BNS.

Issues considered

  • Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita in view of the nature of the alleged offences, delay in filing the FIR, and the simple injury caused.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • delay in FIR
  • simple injury
  • assault
  • Section 482
  • Bharatiya Nagrik Suraksha Sanhita
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 2719 of 2026
                      Arising Out of PS. Case No.-102 Year-2025 Thana- Maghopur District- Gopalganj
                 ======================================================
                 Mantu Singh @ Bhanu Pratap Rai @ Bhanu Pratap Ray S/o Subhash Ray
                 Resident of Village- Mahammadpur, Police Station-Madhopur, District-
                 Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajesh Ranjan, Adv.
                 For the Opposite Party/s :        Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Madhopur P.S. Case No. 102 of 2025, registered for the

                   offences       punishable         under       Sections       115(2),       118(1),

                   109(1),126(2), 351(2) and 3(5) of the BNS.

                                3. On the fateful day, while the informant was sitting

                   at his door, in the meanwhile, all the FIR named accused

                   persons, including the petitioner, rushed there and thrashed the

                   informant and his family. The accusation against the petitioner

                   is of causing assault by means of lathi over the head of the

                   informant due to which he sustained serious injury, besides there

                   is further allegation against other accused persons of causing

                   assault to the informant and others.
Patna High Court CR. MISC. No. 2719 of 2026(2) dt.04-02-2026
                                             2/3




                       4. Learned Advocate for the petitioner submitted that

          allegedly the present occurrence took place on 03.11.2025 but

          the present FIR came to be instituted on 08.11.2025, however

          without there being any plausible explanation for delay. In fact,

          there was a long standing dispute between the parties which

          resulted into a free fight leading to some unfortunate injuries to

          the persons of both the sides. In the said incidence, the

          petitioner has also sustained serious injury which led to

          institution of Madhopur P.S. Case No. 103 of 2025 against the

          informant and others. Copy of the afore noted FIR has been

          placed on record as Annexure-P/3. So far the injury, which is

          allegedly sustained to the informant is concerned, the same is

          found to be simple in nature. To support the aforesaid

          contention, the injury report has also been placed on record as

          Annexure-P/2. The petitioner bears fair antecedent and he

          undertakes that he will fully cooperate in the proceeding of the

          court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          there is specific accusation against the petitioner of causing

          assault over the vital part; though the informant was fortunate

          enough that the injury was simple.
           Patna High Court CR. MISC. No. 2719 of 2026(2) dt.04-02-2026
                                                        3/3




                                  6. Having considered the submissions advanced by

                     the learned Advocates for the respective parties and taking note

                     of the genesis of the occurrence, besides the delay in lodging

                     of the FIR as well as the simple injury, apart from the facum of

                     case and counter case, let the petitioner abovenamed be released

                     on bail, in the event of his arrest or surrender before the court

                     below within a period of four weeks from the date of

                     receipt/production of a copy of this order, upon furnishing bail

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

                     amount each to the satisfaction of the learned ACJM XIV,

                     Gopalganj in connection with Madhopur P.S. Case No. 102 of

                     2025, subject to the conditions laid down in Section 482(2) of

                     the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further

                     condition that one of the bailors shall be the own/close family

                     members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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