Patna High Court
Sk. Banty @ Manowwar @ Manowwar Alam @ Manvwar Alam BantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners, subject to strict conditions, finding that they have clean antecedents and the alleged injury is simple.
Summary
The petitioners sought anticipatory bail in connection with FIR No.227 of 2025 alleging assault under various sections of the BNS, 2023. They contended that the FIR was false, they have no prior criminal record, and the injury to the alleged victim was minor. The State opposed the bail, arguing the seriousness of the offences. The Court examined the petitioners' clean antecedent and the nature of the injury, and concluded that bail could be granted. Accordingly, the Court ordered anticipatory bail with a Rs.10,000 bond per petitioner, two sureties, and several conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. The bail is to be surrendered within thirty days if the petitioners are arrested or fail to comply with the conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure given the alleged offences and their antecedents.
- Whether the conditions imposed under Section 482 of the BNSS, 2023 are appropriate and sufficient to safeguard the trial process.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 117(2), 125(b), 126(2), 303(2), 3(5), 351(2), 351(3), 353
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- assault
- clean antecedent
- bail conditions
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89096 of 2025
Arising Out of PS. Case No.-227 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Sk. Banty @ Manowwar @ Manowwar Alam @ Manowar Alam Banti S/O
Sk. Hakim @ Ablul Hakim Resident of Village - Rasidpur Harishchandrapur,
P.S- Harishchandrapur,Dist- Malda (WB)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 89129 of 2025
Arising Out of PS. Case No.-227 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Sk. Jony @ Shekh Jony S/o Shekh Biltu R/o Rasidpur, PS- Harishchandrapur,
Distt- Malda, W.B
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 89096 of 2025)
For the Petitioner/s : Mr.Suresh Prasad Sah, Advocate
For the Opposite Party/s : Ms.Veena Kumari Jaiswal, APP
(In CRIMINAL MISCELLANEOUS No. 89129 of 2025)
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr.Suresh Prasad Sah, learned counsel for the
petitioner and Ms.Veena Kumari Jaiswal, learned Additional
Public Prosecutor for the State (In Criminal Miscellaneous No.
89096 of 2025), Mr.Sanjeev Kumar Singh, learned counsel for
the petitioner and Mr.Yogendra Kumar, learned Additional
Public Prosecutor for the State(In Criminal Miscellaneous No.
Patna High Court CR. MISC. No.89096 of 2025(2) dt.12-01-2026
2/4
89129 of 2025).
2. The petitioners are apprehending their arrest in
connection with Amdabad P.S.Case No.227 of 2025, FIR dated
12.09.2025 registered for the offences punishable under
Sections 126(2), 115(2), 353, 351(2), 351(3), 125(b), 109,
117(2), 303(2),3(5) of BNS, 2023.
3. Allegation against petitioners is that they allegedly
assaulted to the husband of the informant due to some dispute
when he was boarding the boat and he was mercilessly
assaulted and left unconscious at the place of occurrence, from
where his family members arrived and took him to the hospital.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent. The allegation as alleged in
the FIR is false and fabricated. From a bare perusal of the FIR
it appears that due to some petty dispute the present occurrence
had taken place. Although there is specific allegation against the
petitioners that they have assaulted to the husband of the
informant but the injury report of the husband of the informant
suggests that the injury is simple in nature caused by hard and
blunt substance.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for anticipatory bail of the
Patna High Court CR. MISC. No.89096 of 2025(2) dt.12-01-2026
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petitioners.
6. Considering the aforesaid facts, petitioners have
clean antecedent and injury inflicted upon the injured person is
simple in nature, let the petitioners, above named, in the event
of their arrest or surrender before the court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs.10,000 (Ten
Thousand)each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Katihar in
connection with Amdabad P.S.Case No.227 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of BNSS,2023 and with
other following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
Patna High Court CR. MISC. No.89096 of 2025(2) dt.12-01-2026
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verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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