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2026 DAILYLAW 42871 (PAT)

Mantu Das v. The State of Bihar

CR. MISC./85775/2025 · 2026-01-05

Harish Kumar

body2026

Judgment text

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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. supratim/- (Harish Kumar, J) U T