Patna High Court
Md. Mantu @ IrfanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the alleged offences were of a serious nature and involved grave injuries.
Summary
The petitioner, Md. Mantu, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2) and 109 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he inflicted serious injuries on the victim, including a 10 cm × 3 cm bone‑depth wound on the head and a 5 cm × 4 cm muscle‑depth wound on the hand. The court examined whether the seriousness of the alleged offences warranted the grant of anticipatory bail. Considering the nature and gravity of the injuries and the offences, the court held that the privilege of anticipatory bail could not be extended. Consequently, the application for anticipatory bail was rejected, but the petitioner was permitted to surrender within two weeks and apply for regular bail. The order was limited to the present application and does not prejudice any later stage of the proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under Sections 126(2), 115(2) and 109 of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2)
Subjects
- anticipatory bail
- criminal procedure
- serious injury
- Bharatiya Nyaya Sanhita
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37200 of 2026
Arising Out of PS. Case No.-524 Year-2024 Thana- GAYA KOTWALI District- Gaya
======================================================
Md. Mantu @ Irfan S/o Jafar Alam Resident of Village - Khwajanoor Colony,
Ekbar Nagar, P.S.- Kotwali, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kotwali P.S. Case No. 524 of 2024 registered for offences under
Sections 126(2), 115(2) and 109 of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have caused injuries to the victim measuring 10 cm × 3 cm ×
bone depth on the head and 5 cm × 4 cm × muscle depth on the
hand.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
Patna High Court CR. MISC. No.37200 of 2026(2) dt.15-06-2026
2/2
hereby rejected.
6. However, the petitioner may surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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