Patna High Court
Mantu Sahani @ Mantu Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
Mantu Sahani applied for anticipatory bail in connection with a case alleging that he, along with co‑accused, attacked an informant with weapons and intended to kill him, invoking sections 121, 121(1), 117(23), 118(2), 109, 352 and 351(2) of the Bhartiya Nyaya Sanhita. The petitioner argued that the injuries were minor, the FIR was lodged after an unreasonable three‑day delay, and that he had no prior criminal record, suggesting the charges were politically motivated. The State opposed the bail, contending the seriousness of the offences. After hearing both sides, the Court considered the circumstances and, under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and the condition that the petitioner surrender within six weeks. The order reflects the Court’s balancing of the petitioner’s rights against the nature of the alleged crimes.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita.
- Whether the delay in lodging the FIR and the characterization of the injuries as simple affect the grant of anticipatory bail.
- Whether the absence of prior criminal antecedents and alleged political motivation justify the issuance of anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 117(23), 118(2), 121, 121(1), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- offences against the state
- political motive
- delay in FIR
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33133 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- LALGANJ District- Vaishali
======================================================
Mantu Sahani @ Mantu Kumar Sahani son of Yogendra Sahani Resident of
Vill- Etwarpur,P.O-Jalalpur,P.S-Lalganj, Dist- Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Arvind Kumar Sinha, Advocate
For the Opposite Party : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Lalganj P.S. Case No. 46 of 2026 for the offence punishable
under Section 121, 121(1), 117(23), 118(2), 109, 352 and 351(2)
of the Bhartiya Nyaya Sanhita.
3. As per the allegation, due to previous dispute,
this petitioner and co-accused persons, armed with sword,
country made pistol, spear, rod and knife, suddenly attacked the
informant. There is specific allegation that this petitioner with
an intention to kill, assaulted on the head of the informant by
means of sword.
4. Learned counsel for the petitioner has submitted,
referring to the impugned order, that the injuries sustained by
the informant are simple in nature, caused by hard and blunt
Patna High Court CR. MISC. No.33133 of 2026(2) dt.13-05-2026
2/2
substance and, thus, the injury report does not substantiate the
allegation levelled against the petitioner. It has further been
submitted that there is inordinate delay of three days in lodging
the FIR and the petitioner has been made accused due to village
politics. The petitioner has got no criminal antecedents.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned ACJM-VIII-cum-Sub Judge-IX/Successor Court,
Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 46
of 2026, subject to the conditions as laid down under Section
482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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