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Patna High Court

Awadhesh MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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