Patna High Court
Mantosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Mantosh Kumar, applied for anticipatory bail fearing arrest in connection with FCI P.S. Case No. 63 of 2025, which alleged that he assaulted a victim causing grievous injuries. The prosecution charged him under Sections 127(1), 115(2), 109, 303(2), 351(2), 352 and 3(5) of the Bihar Negotiable Instruments Act (BNS). The Court examined the seriousness of the allegations and was not persuaded that the petitioner warranted pre‑emptive protection. Consequently, the Court refused anticipatory bail, dismissed the application, and ordered the petitioner to surrender within two weeks and seek regular bail. The Superintendent of Police, Begusarai, was directed to effect the arrest.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the provisions of the Bihar Negotiable Instruments Act in view of the alleged assault and grievous injuries.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 109, 115(2), 127(1), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- assault
- grievous injury
- criminal procedure
- bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88591 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- FCI District- Begusarai
======================================================
Mantosh Kumar S/o- Pramod Ram R/o - Bihat Khemkaranpur, Ward No.27,
P.S - Barauni F.C.I, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yogesh Kumar
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with FCI P.S. Case No. 63 of 2025 registered for the offence
under Sections 127(1), 115(2), 109, 303(2), 351(2), 352, 3(5) of
the BNS.
3. As per the prosecution case, the petitioner is said to
have assaulted the victim on his head causing grievous injuries
to him.
4. In view of the aforesaid allegations levelled against
the petitioner, this Court is not inclined to grant anticipatory bail
to the petitioner.
5. Accordingly, this application is dismissed.
6. The petitioner is directed to surrender within two
weeks from today and pray for regular bail failing which the
Patna High Court CR. MISC. No.88591 of 2025(2) dt.15-01-2026
2/2
Superintendent of Police, Begusarai will take all steps for arrest
of the accused person/s including the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Begusarai through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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