Mantu Kumar @ Mantu Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69733 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- HASPURA District- Aurangabad ====================================================== 1.
Mantu Kumar @ Mantu Choudhary S/O Sanjay Choudhary @ Tijan Chaudhary R/o Vill.- Karan Bigha, P.O. - Koilwan, P.S. - Haspura, District - Aurangabad, Bihar 824115 2.
Nandlal Choudhary S/O Kamlesh Choudhary R/o Vill.- Karan Bigha, P.O. - Koilwan, P.S. - Haspura, District - Aurangabad, Bihar 824115 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ashok Kumar, Advocate Mr. Ajay Kumar, Advocate For the State :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 117(2), 109(1), 74 and 3(5) of the B.N.S..
3. As per prosecution case, allegation against these petitioners is of assaulting informant and his family members on account of protest being raised by them while the accused persons were playing vulgar songs on DJ. It is further alleged that in course of occurrence, Petitioner No. 1 resorted to firing and misbehaved with the family members of informant. Total six persons sustained injuries.
Patna High Court CR. MISC. No.69733 of 2025(2) dt.08-10-2025 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. As a matter of fact, the injuries, sustained by the injured, are simple in nature. Though there is allegation of firing against Petitioner No. 1 but no one has sustained any fire arm injuries. Rest of the allegations are ornamental in order to make the case grave. It is lastly submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 17.09.2025 passed in Cr. Misc. No. 66629 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.69733 of 2025(2) dt.08-10-2025 3/3 petitioners be enlarged 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 Additional District and Sessions Judge-V, Aurangabad in connection with Haspura P.S. Case No. 80 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T