Patna High Court
Mantu Ram @ Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, four residents of Chehra Khurd, applied for anticipatory bail anticipating arrest in a case registered under Sections 126(2), 115(2), 118(1), 74, 352 and 351(2) of the Indian Penal Code alleging assault, extortion and related offences. They contended that they have clean antecedents, are neighbours of the informant, and that the alleged incident stemmed from a passage dispute, resulting only in simple injuries. The informant’s counsel opposed bail but could not rebut the claim that no motive for a serious offence was shown. The court examined the allegations, the nature of the injuries and the lack of a clear criminal motive, and held that anticipatory bail was appropriate. Accordingly, the court directed the petitioners to be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault, extortion and other IPC offences.
- Whether the facts disclosed in the FIR demonstrate a serious criminal intent warranting denial of bail.
- Whether the petitioners are likely to flee or tamper with evidence if released.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 115(2), 118(1), 126(2), 351(2), 352, 74
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- assault
- extortion
- neighbor dispute
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67202 of 2025
Arising Out of PS. Case No.-263 Year-2025 Thana- GORAUL District- Vaishali
======================================================
1. Mantu Ram @ Mantu Kumar S/o Dukhan Ram @ Dukhan Kumar R/o
Village - Chehra Khurd, P.S - Katahra Goraul, District - Vaishali
2. Tuntun Ram @ Tuntun Kumar S/o Dukhan Ram @ Dukhan Kumar R/o
Village - Chehra Khurd, P.S - Katahra Goraul, District - Vaishali
3. Dhukhan Ram @ Dhukhan Kumar S/o Late Doman Ram R/o Village -
Chehra Khurd, P.S - Katahra Goraul, District - Vaishali
4. Vivek Ram @ Vivek Kumar S/o Late Upendra Ram R/o Village - Chehra
Khurd, P.S - Katahra Goraul, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Jyoti Kumari
For the Opposite Party/s : Mr.Sucheta Yadav
Ms.Shabina Talat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 29-04-2026 1. Heard learned counsel for the petitioners, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 74, 352, 351(2) of the Indian
Penal Code.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
informant alleges that accused persons including the petitioners
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came variously armed and started abusing, on protest Mantu
assaulted him by spade, but the blow hit his son in-law Suraj
causing injury on head, who tried to save the informant,
thereafter Mantu again assaulted the informant by spade causing
injury on rib thereafter Vivek assaulted Krishna with lathi
injuring him while Tuntun acted inappropriately with his wife
and snatched her mangalsutra. Further, Dukhan assaulted Sachin
by rod causing injury on knee and Vivek assaulted Deepak with
lathi causing injury and also assaulted Mahesh and Mantu
snatched chain of informant. It is next alleged that Tuntun and
Mantu demanded extortion of Rs.5 Lacs from him and Sachin as
they are criminals.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that no
reason for the occurrence is alleged. It is further submitted that
it does not appear probable that accused persons without any
reason would have gone to the house of the informant for
committing the occurrence of assault and demanding extortion.
It is also submitted that for reasons best known the informant
has concealed a relevant fact that petitioners are his neighbours
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and are not criminals but then it is alleged that Tuntun and
Mantu were demanding extortion of Rs.5 Lacs as they are
criminals. It is further submitted that on account of dispute
relating to passage an altercation took place in which both sides
assaulted each other and the injury suffered by the side of the
informant has been opined to be simple in nature which amply
demonstrates that accused persons never had any intention of
committing a serious occurrence. It is reiterated and submitted
that petitioners are not criminals.
5. Learned A.P.P. as well as the learned counsel
appearing on behalf of the informant opposes the anticipatory
bail application, but then the learned counsel appearing on
behalf of the informant is not in a position to rebut the
submission of the learned counsel appearing on behalf of the
petitioners that no reason for the occurrence is alleged, the
petitioners are neighbours of the informant and are having
dispute relating to passage and the injury has been opined to be
simple and petitioners are not criminals.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
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anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Goraul (Katahara O.P.) P. S. Case No.263 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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