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Patna High Court

Rajesh Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Rajesh Kumar Mandal, faced arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault, robbery and related offences. The prosecution alleged that on 20 November 2024 the petitioner, along with co‑accused, assaulted an informant, wrapped a gamchha around his neck, and stole a gold chain and cash. The petitioner contended that he was innocent, arguing that the charge sheet contained no specific allegation of any overt act by him and that the allegations were merely ornamental. The State opposed the bail application. Considering the lack of specific incriminating material against the petitioner, the court granted anticipatory bail, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted in the absence of specific allegations against the petitioner
  • Whether the allegations in the FIR constitute sufficient ground to deny bail
  • Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • robbery
  • assault
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5596 of 2026
                  Arising Out of PS. Case No.-171 Year-2024 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
                 Rajesh Kumar Mandal S/O Yogendra Mandal R/O Village- Harinahi, PS-
                 Ghoghardiha, Distt-Madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Hriday Narayan Harshit, Advocate
                 For the Opposite Party/s :      Mr. Tarun Prasad Mandal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   110, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. Prosecution case, in brief, is that on 20.11.2024 at

                   about 2:30 PM, when informant was going to the market, all the

                   F.I.R. named accused persons, including this petitioner,

                   surrounded him, wrapped Gamchha around his neck, abused

                   him and snatched gold chain and Rs. 25,000/-. Co-accused

                   Sanjay Kumar Mandal is alleged to have assaulted informant by

                   means of iron rod.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Specific

                   accusation of assault is against co-accused Sanjay Kumar
              Patna High Court CR. MISC. No.5596 of 2026(2) dt.04-02-2026
                                                          2/2




                        Mandal. Allegation against petitioner is general and omnibus

                        and there is no specific allegation of any overt act against him.

                        Rest of the allegations are ornamental only to make the case

                        grave.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering aforesaid facts and circumstances of

                        the case, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Judicial Magistrate, 1st Class,

                        Jhanjharpur, Madhubani in connection with Ghoghardiha P. S.

                        Case No. 171 of 2024, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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