Patna High Court
Mantu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 103(1), 3(5)
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
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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//-
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