Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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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