Patna High Court
Md. Kalim @ Md. Kalim Mansoori @ Kalim MansooriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Md. Kalim, was arrested in connection with a mob assault that resulted in the death of Ajay Kumar, and charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that co‑accused wielded swords and other weapons, while the petitioner was said only to be a member of the mob with no specific allegation against him. The petitioner’s counsel argued that he had no incriminating material, no criminal antecedent, and that the allegations were omnibus, noting that other co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offences. Considering the lack of specific evidence against the petitioner and the period of custody already served, the Court inclined to grant bail, ordering release on a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita, 2023
- Whether specific allegations against the petitioner exist sufficient to deny bail
- Whether the period of custody already undergone warrants release on bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 118(1), 118(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- bail
- criminal procedure
- mob assault
- murder
- Bharatiya Nyaya Sanhita
- sections 190,191,115,118,109,103,352,351
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69007 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- MEHSI District- East Champaran
======================================================
Md. Kalim @ Md. Kalim Mansoori @ Kalim Mansoori S/o- Md. Hadim
Halim @ Md. Halim R/v- Chaknagari Ps- Mehsi Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Mehsi
P.S. Case No. 178 of 2025, instituted for the offences punishable
under Sections 190, 191(2), 191(3), 115(2), 118(1), 118(2), 109,
103, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that co-accused
Md. Nizamuddin and Md. Vipat Baitha being armed with sword
and 40-50 others being armed with weapons were present. It is
alleged that co-accused Md. Hamid and Md. Vipat assaulted
with sword due to which the brother of the informant namely,
Ajay Kumar succumbed to the injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.69007 of 2025(3) dt.28-01-2026
2/2
the petitioner also submits that no specific allegation has been
attributed against the petitioner rather the same is general and
omnibus in nature. Specific allegation of assault is against co-
accused Md. Hamid and Md. Vipat Baitha. It is next submitted
that the petitioner was only members of the mob. The petitioner
is in custody since 25.07.2025 and has got no criminal
antecedent. Learned counsel for the petitioners further submits
that other co-accused have been granted regular bail by this
Court vide order dated 19.11.2025 passed in Cr. Misc. No.
77593 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Mehsi P.S. Case No.
178 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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