Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40097 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- TELHARA District- Nalanda ====================================================== Mantu Kumar S/o Rajendra Prasad @ Rajendra Yadav R/o Village - Chhajjupur, P.S - Telhara, District - Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-06-2026 Heard Mr. Vibhuti Ranjan Sonvadra, learned counsel for the petitioner and Ms. Sharda Kumari, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 19.03.2026 in connection with Telhara P.S. Case No. 01 of 2026, F.I.R. dated 03.01.2026 for the offences punishable under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the BNS, 2023 and later on Section 103(1) has been added.

3. According to prosecution case, over a petty dispute this petitioner along with other accused persons have assaulted the informant and his family members.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the

2/4 FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that hte due to petty dispute the present occurrence has taken place. There is case and counter case between the parties. Although the petitioner is named in the FIR and there is specific allegation of assault against the uncle of the informant namely, Jitendra Kumar due to which he received injury. From perusal of the injury report of Jitendra Kumar it appears that the injury received by him is simple in nature caused by hard and blunt substance. He further submits that as per the allegation against the deceased Kaushlendra Kumar and Saurav Kumar, the same is against the co-accused persons namely, Dhananjay Prasad and Suraj KUmar and there is no allegation against the petitioner that he has assaulted to the deceased persons. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 19.03.2026.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, there is no allegation of assault against the deceased person and the only allegation

3/4 against the petitioner is that he has assaulted uncle of the informant due to which he received injury but the said injury is simple in nature caused by hard and blunt substance, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Hilsa (Nalanda) in connection with Telhara P.S. Case No. 01 of 2026, subject to the following conditions:- i. Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers 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 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order

4/4 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T