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Patna High Court

Mantu DasversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted pre‑arrest bail to the petitioner subject to specified conditions.

Summary

Mantu Das was accused in Barabar Tourist Police Station Case No. 102 of 2025 for assaulting an informant with a farsha, khanti and iron rod, leading to serious injuries. He filed a pre‑arrest bail application, arguing that the FIR was omnibus, the injury was simple, and he has a fair antecedent. The State opposed, asserting his active participation in the crime. The Court considered the nature of the accusation, the simplicity of the injury, and the petitioner’s clean record, and decided to grant bail. Bail was conditioned on a Rs.10,000 bond with two sureties, one of whom must be a close family member, and the petitioner must surrender within four weeks if arrested.

Issues considered

  • What is the appropriateness of granting pre‑arrest bail when the FIR contains an omnibus accusation?
  • Does the simple nature of the injury and the petitioner’s fair antecedent justify bail despite serious charges?

Legislation cited

Subjects

  • pre‑arrest bail
  • omnibus accusation
  • simple injury
  • fair antecedent
  • criminal procedure
  • assault
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.85775 of 2025
                     Arising Out of PS. Case No.-102 Year-2025 Thana- BARABAR TOURIST District-
                                                        Jehanabad
                 ======================================================
                 Mantu Das S/O Dhanesh Das R/O Village- Jamanganj, P.S- Barabar Tourist,
                 Distt.- Jehanabad.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shivendra Prasad, Adv.
                 For the Opposite Party/s :      Mr. Abhay Kumar Roy, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   05-01-2026                    Heard learned Advocate appearing on behalf of the

                   petitioner and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Barabar Tourist P.S. Case No. 102 of 2025, registered for

                   the offences punishable under Sections 190, 191(2), 115(2),

                   126(2), 109, 61(2) and 352 of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. While the informant was returning to his house

                   from the paddy field, in the meanwhile, the petitioner alongwith

                   other accused persons surrounded him and brutally assaulted by

                   means of farsha, khanti and iron rod resulting into serious

                   injuries.
Patna High Court CR. MISC. No.85775 of 2025(2) dt.05-01-2026
                                            2/3




                       4. Learned Advocate appearing on behalf of the

          petitioner taking this Court through the FIR contended that the

          alleged occurrence took place on 02.09.2025 and the FIR has

          been instituted on 03.09.2025 after getting the treatment done in

          the referral hospital, Makdumpur; yet there is general and

          omnibus allegation against all the accused persons. So far the

          injury which is allegedly sustained to the informant is

          concerned, the same is found to be simple in nature. To support

          the aforesaid contention, injury report has been placed on record

          as Annexure 2 to the application. The petitioner bears fair

          antecedent and he undertakes before this Court that he will fully

          cooperate in the proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail application and submits

          that the petitioner has actively participated in the crime.

                       6. Regard being had to the submissions made on

          behalf of the parties and considering the omnibus nature of

          accusation, coupled with the simple nature of injury and the fair

          antecedent of the petitioner, let the petitioner above named be

          released on bail, in the event of his arrest or surrender before the

          court below within a period of four weeks from the date of

          receipt/production of a copy of this order, upon furnishing bail
             Patna High Court CR. MISC. No.85775 of 2025(2) dt.05-01-2026
                                                         3/3




                       bonds of Rs.10,000/- (ten thousand) with two sureties of the like

                       amount each to the satisfaction of the learned Judicial

                       Magistrate 1st Class, Jehanabad in connection with Barabar

                       Tourist P.S. Case No. 102 of 2025, subject to the conditions laid

                       down in Section 482(2) of the Bharatiya Nagrik Suraksha

                       Sanhita, 2023 with the further condition that one of the bailors

                       shall be the own/close family members of the petitioner.



                                                   (Harish Kumar, J)
supratim/-

U      T


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