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Patna High Court

Mantu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner as there is no specific allegation against him and he has a clean antecedent.

Summary

Mantu Rai was arrested in connection with a murder case where the victim died after being assaulted with bricks. He was charged under Sections 103(1) and 3(5) of the B.N.S., 2023. The petitioner argued that he has a clean antecedent, was falsely implicated, and that the FIR contains only a generic allegation against all accused, with no specific act attributed to him. The prosecution opposed bail, but the court noted the absence of any specific allegation against the petitioner and his clean record. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR without a specific allegation of assault.
  • Whether a familial relationship to a co‑accused can alone justify the petitioner’s detention.
  • Whether the conditions imposed for bail are consistent with the provisions of the B.N.S., 2023 and criminal procedure law.

Legislation cited

Subjects

  • bail
  • false implication
  • clean antecedent
  • criminal procedure
  • Section 103(1)
  • Section 3(5)
  • FIR
  • family relationship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4040 of 2026
                   Arising Out of PS. Case No.-459 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Mantu Rai S/O Chatur Rai R/O Mohalla- Daulatganj, P.S.- Bhagwan Bazar,
                 District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Sanjay Kumar Verma, Advocate
                 For the State           :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                      Heard Mr. Sanjay Kumar Verma, learned counsel for

                   the petitioner and Mr. Bharat Lal, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   04.09.2025, in connection with Bhagwan Bazar (Saran) P.S. Case

                   No. 459 of 2025, F.I.R. dated 15.08.2025                 registered for the

                   offences punishable under Sections 103(1)/ 3(5) of B.N.S., 2023.

                                 3. Allegation against the petitioner is that he along with

                   other co-accused persons have assaulted the son of the informant

                   with bricks on his head causing bleeding injury as a result of

                   which he died at the spot.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely implicated

                   in the present case. He further submits that the allegation as

                   alleged in the F.I.R. is false and fabricated and the petitioner has
Patna High Court CR. MISC. No.4040 of 2026(2) dt.28-01-2026
                                            2/3




          not committed any offence as alleged in the F.I.R. Although the

          petitioner is named in the F.I.R. but from perusal of the F.I.R. it

          appears that there is no specific allegation of any assault or overt

          act attributed against the petitioner rather there is general and

          omnibus allegation against all the accused persons including the

          petitioner. He further submits that co-accused person namely

          Ravi Prakash         @ Doctor was arrested and his confessional

          statement was recorded in paragraph-22 of the case diary who

          happens to be son of the petitioner in which he has not stated

          anything about the petitioner and the petitioner has been made

          accused merely on the ground that he is father of co-accused Ravi

          Prakash @ Doctor.           He further submits that the police after

          investigation submitted chargesheet against the petitioner and the

          petitioner is in custody since 04.09.2025.

                       5. Learned counsel for the Informant and        learned

          Additional Public Prosecutor for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and there is

          no specific allegation of any assault or overt act attributed against

          the petitioner, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of
               Patna High Court CR. MISC. No.4040 of 2026(2) dt.28-01-2026
                                                           3/3




                         learned      Additional Chief Judicial Magistrate-II, Chapra in

                         connection with Bhagwan Bazar (Saran) P.S. Case No. 459 of

                         2025, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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