Patna High Court
Awadhesh MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Awadhesh Mandal was arrested on 17 August 2025 in connection with a case alleging that he and others entered a house and attempted to snatch a child, assaulting family members with a stick. He sought bail, claiming he was merely a member of the mob and that the FIR does not specifically allege an assault by him. The prosecution opposed bail, pointing to his inclusion in the FIR, the seriousness of the offences under the Bharatiya Nyay Sanhita, and a prior criminal antecedent. The court examined the allegations, the lack of a specific charge against the petitioner, and the principle of bail for alleged offences. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedent.
Issues considered
- Whether the petitioner, named in the FIR but not specifically charged with assault, is entitled to bail despite the seriousness of the offences.
- Whether the petitioner’s prior criminal antecedent and alleged involvement in the alleged mob assault justify denial of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 109, 117(2), 118(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 74, 76
Subjects
- bail
- criminal procedure
- assault
- kidnapping attempt
- mob participation
- prior criminal antecedent
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90858 of 2025
Arising Out of PS. Case No.-136 Year-2025 Thana- PARBATTA District- Bhagalpur
======================================================
Awadhesh Mandal S/O Nandlal Mandal R/O Vill.- Tulsipur, P.S.- Kharik,
Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Shashi Saurabh, learned counsel for the
petitioner as well as Mr. Anuj Kumar Shrivastava, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.08.2025 in connection with Parwatta P.S. Case No. 136 of
2025, F.I.R. dated 16.08.2025 for the offences punishable under
191(2), 191(3), 190, 126(2), 117(2), 118(2), 109, 74, 76, 352,
351(2), 351(3) of the Bharatiya Nyay Sanhita, 2023 and later on
103(1) of BNS added.
3. According to prosecution case, the informant
alleged that on 16.08.2025 at about 07:00 AM, the petitioner
along with other co-accused persons entered his house and tried
to snatch child from his grand daughter-in-law and when the
family members protested, the accused persons assaulted them
Patna High Court CR. MISC. No.90858 of 2025(2) dt.13-01-2026
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by means of dabiya.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. There is case and counter case between the parties.
Although the petitioner is named in the FIR but from bare
perusal of the FIR it appears that there is no specific allegation
of assault or overt act against him rather specific allegation of
assault is attributed against co-accused persons, namely, Suraj
Kumar, Sourabh Kumar and Ankush Kumar and at best the
petitioner is the member of the mob. He further submits that the
police after investigation submitted the charge sheet and the
petitioner is in custody since 17.08.2025.
5. The learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner is named in the FIR and he was
involved in the present crime in question and apart from that the
petitioner carries one criminal antecedent other than the present
one but fairly submits on the basis of paragraph-3 of the bail
application that the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.90858 of 2025(2) dt.13-01-2026
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the like amount each to the satisfaction of the learned A.C.J.M-
III, Naugachia in connection with Parwatta P.S. Case No. 136 of
2025, 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
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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