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Patna High Court

Mantu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the petitioner's anticipatory bail application.

Summary

Mantu Kumar, the youngest member of a family, applied for anticipatory bail after an FIR was lodged alleging his involvement in a violent assault on the informant Ashutosh Kumar. The prosecution alleged that members of the family, including Roshan Kumar, opened fire and assaulted the informant, causing grievous injuries. The petitioner argued he has no prior criminal record and should not be singled out among the accused. The informant’s counsel highlighted the injury report and asserted that the petitioner’s role in the assault could not be excluded. Considering the seriousness of the allegations and the injury report, the court declined to grant anticipatory bail, directing the petitioner to surrender within four weeks for trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under sections 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS.
  • Whether the petitioner can be singled out from the other accused family members.
  • Whether the grievous injury report of the informant warrants denial of anticipatory bail.

Legislation cited

  • BNS — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • inquiry
  • injury report
  • family members
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7212 of 2026
                 Arising Out of PS. Case No.-407 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
                 Mantu Kumar Son of Shambhu Singh Resident of village - Hasanpur Surat,
                 P.S.- Patori, District - Samastipur.
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Khushi Awadh, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 For the Informant        :       Ms. Shyamli Kumari, Advocate
                                                  Mr. Sunil Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-02-2026                  Heard Ms. Khushi Awadh, learned counsel for the

                   petitioner, Mr. Bharat Bhushan, learned APP as also Ms. Shyamli

                   Kumari, learned counsel for the informant.

                                2. The petitioner is apprehending his arrest in

                   connection with Shahpur Patory P.S. Case No. 407 of 2025 for

                   the offence under sections 126(2), 115(2), 117(2), 109, 303(2),

                   352, 351(2) and 3(5) of the BNS lodged on 09.10.2025 by the

                   informant, Ashutosh Kumar.

                                3. As per the prosecution story, the informant alleged

                   that in the night of 02.10.2025, the accused persons entered and

                   allegation is that Roshan Kumar opened fire though it did not hit

                   him. Later, all of them brutally assaulted him, he became

                   unconscious and upon regaining consciousness, found himself at

                   PMCH, Patna. This led to the FIR.

                                4. Learned counsel for the petitioner submits that only
          Patna High Court CR. MISC. No.7212 of 2026(2) dt.17-02-2026
                                                      2/2




                    to rope in the entire family members, the petitioner who is the

                    youngest family member, has been implicated and he has no

                    criminal antecedent.

                                 5. Learned counsel for the informant on the other hand

                    has taken this Court to the FIR to show that role of assault has

                    also been assigned to this petitioner and submission is that he

                    cannot be singled out from the accused persons. She further with

                    the help of injury report of the PMCH, Patna shown that the

                    injuries of the informant has been found to be grievous in nature.

                                 6. Considering the submission of the parties as also the

                    nature of allegation/injuries, this Court is not inclined to extend

                    him the privilege of anticipatory bail.

                                 7. The anticipatory bail application stands rejected.

                                 8. If, however, the petitioner surrenders within four

                    weeks, the concerned Court shall take up the matter and dispose it

                    of preferably on the same day.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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