Patna High Court

CR. APP (SJ)/4428/2025 of Mantun Kumar @ Mantun Singh Vs The State of Bihar on 21 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4428 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- SAMASTIPUR MUFFASIL District- Samastipur ====================================================== Mantun Kumar @ Mantun Singh S/o Late Ramchandra Singh R/o village - Sakhmohan, P.S -

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4428 of 2025

Arising Out of PS. Case No.-376 Year-2024 Thana- SAMASTIPUR MUFFASIL District- Samastipur ======================================================

Mantun Kumar @ Mantun Singh S/o Late Ramchandra Singh R/o village - Sakhmohan, P.S - Bibhutipur, District - Samastipur

... ... Appellant/s

Versus

1.

The State of Bihar

2.

Satan Paswan S/o Dorik Paswan R/o Village - Bejha Dih, Ward No. 2, P.S - Samastipur Muffasil, District - Samastipur

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr. Raja Ram Mishra

For the Respondent/s

:

Mr. Binay Krishna-Spl.P.P.

Mr. Shubhesh Pandey

Mr. Vinit Kumar

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

21-07-2026

1. Heard learned counsel for the appellant, the learned counsel appearing on behalf of the informant and the learned Special Public Prosecutor for the State.

2. The appellant has challenged the order dated 29.08.2025 passed by the learned Special Judge, SC/ST (POA) Act, Samastipur in connection with Samastipur Muffasil P. S. Case No.376 of 2024, instituted for the offences under Sections 126(2), 115(2), 109 and 3(5) of the B.N.S. and Section 3(1)(r)(s) and 3(2)(v-a) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, whereby his prayer for grant of anticipatory bail has been rejected.

3. The learned counsel appearing on behalf of the appellant submits that appellant has antecedent of three cases and the informant alleges that on orders of Manager Vishal, he was cleaning the land of land owner Bibha Sharma on 11.09.2024 at 7.30 A.M., when Vashishtha, Mantun and Ashok with sword, iron rod and hockey stick came and started abusing by taking caste name and assaulted causing injury on head and all over the body. Further, the accused said that they had demanded extortion of Rs.2 Lacs, but the Manager without paying the extortion amount is getting the work done and also snatched Rs.300/- from his pocket.

4. The learned counsel for the appellant submits that appellant has been falsely implicated in the instant case by the informant at the instance of Vishal. It is next submitted that even allegation of abuse and assault is not specific. It is next submitted that on account of dispute relating to land, the occurrence is alleged to have taken place. It is further submitted that Ashok Kumar Ray @ Santosh Ray had approached this Court seeking anticipatory bail by filing Cr. Appeal (S.J.) No.4354 of 2025 and the same came to be allowed by an order dated 16.07.2026 by a learned Coordinate Bench. It is next submitted that case of the appellant if not akin is similar to the case of Ashok Kumar Ray, thus learned counsel based on parity seeks anticipatory bail.

5. The learned Special P. P. as well as the learned counsel appearing on behalf of the informant opposes the bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the appellant that similarly situated co-accused Ashok Kumar Ray has been granted the privilege of anticipatory bail by a learned Coordinate Bench.

6. Regard being had to the aforesaid submissions, the order dated 29.08.2025 is set-aside.

7. The appeal stands allowed.

8. The appellant, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (POA) Act, Samastipur in connection with Samastipur Muffasil P. S. Case No.376 of 2024, subject to the conditions laid down under Section 482(2) of the BNSS.

vikash/- (Satyavrat Verma, J) U T

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