Patna High Court
Mantu Singh @ Bhanu Pratap Rai @ Bhanu Pratap RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 482(2)
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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