Patna High Court
Vinay Kumar @ Mantus PrasadversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused to grant bail to the petitioner.
Summary
Vinay Kumar was arrested on 13 August 2025 in connection with a case filed under several sections of the B.N.S., alleging that he assaulted an informant’s mother with a lathi, causing fatal injuries. The petitioner, represented by Mr. Dinkar Kumar, argued that he has a clean record and that the allegations are fabricated. The State, through APP Mr. Bhanu Pratap Singh, contended that the FIR contains specific allegations supported by medical evidence. The court examined the seriousness of the charges and the presence of direct evidence. Concluding that the allegations were specific and substantiated, the court declined to grant bail. Consequently, the petition for bail was refused.
Issues considered
- What is the appropriate decision on the bail application for the petitioner given the allegations and supporting medical evidence?
Legislation cited
- B.N.S. — s. 103(1), 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- B.N.S.
- sections 126,115,118,109,103,352,351,3
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81344 of 2025
Arising Out of PS. Case No.-528 Year-2024 Thana- DHANARUA District- Patna
======================================================
Vinay Kumar @ Mantus Prasad S/o- Late Ramanand Singh R/v- Lacchubigha
Ps- Dhanarua Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 27-01-2026 Heard Mr. Dinkar Kumar, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
13.08.2025, in connection with Dhanarua P.S. Case No. 528 of
2024, F.I.R. dated 07.09.2024 registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 109(1),
103(1), 352, 351(2), 3(5) of the B.N.S.
3. Allegation against the petitioner is that he has
assaulted the informant’s mother by lathi on her temple due to
which she sustained bleeding injury and fell down as a result of
which she died on spot.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.81344 of 2025(4) dt.27-01-2026
2/2
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 not committed any offence as alleged in the F.I.R.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that from perusal of the F.I.R. it appears that there is
specific and direct allegation against the petitioner supported by
the medical evidence.
6. Considering the aforesaid facts that there is direct
and specific allegation against the petitioner, I am not inclined
to enlarge the petitioner on bail in connection with Dhanarua
P.S. Case No. 528 of 2024 pending in the Court of learned
S.D.J.M. Masaurhi, Patna.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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