Patna High Court
Rajesh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
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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