Patna High Court
Mantu DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 352, 61(2)
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/-
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