Patna High Court
Mithun MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, finding the circumstances sufficient to justify release pending trial.
Summary
Mithun Mandal was arrested in connection with a case under Section 109 of the Bharatiya Nyaya Sanhita, 2023, alleging that he stabbed his informant's husband with a knife. The prosecution claimed the assault was with intent to kill, but the medical report described the injuries as simple. The petitioner, who has no prior criminal record, argued that he was falsely implicated and that no weapon was recovered from his possession. The State opposed bail, citing the seriousness of the offence. Considering the simple nature of the injury, the petitioner’s clean record, the elapsed custody period, and the filing of the charge sheet, the Court granted bail subject to a cash bond and sureties with conditions for appearance.
Issues considered
- What factors justify granting bail in a case of alleged attempt to murder under Section 109 of the Bharatiya Nyaya Sanhita?
- Does the simple nature of the injury and lack of prior criminal record outweigh the seriousness of the alleged offence for bail purposes?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109
Subjects
- bail
- attempt to murder
- Section 109
- Bharatiya Nyaya Sanhita
- simple injury
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10080 of 2026
Arising Out of PS. Case No.-54 Year-2025 Thana- PASRAHA District- Khagaria
======================================================
Mithun Mandal S/o Yogendra Mandal @ Yogi Mandal R/o Bari Alalpur, P.S.-
Parbatta (Naugachhiya), Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Pasraha P.S. Case No. 54 of 2025 instituted for the offence
under Section 109 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that informant
alleged that petitioner assaulted her husband with a knife and
inflicted multiple blows on his chest, head, hand and back with
intention to kill him; upon her alarm, her daughter and villagers
came and tried to save him.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 16.03.2025. Petitioner
bears no criminal antecedent/s, as per disclosure made in
Patna High Court CR. MISC. No.10080 of 2026(2) dt.09-03-2026
2/3
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel for the petitioner submits that as per the
FIR, petitioner allegedly stabbed the husband of the informant
by means of knife, but injury is opined by the doctor to be
simple in nature. Learned counsel for the petitioner submits that
there is no motive attributed in the FIR against the petitioner.
Nothing has been recovered from the conscious possession of
the petitioner. Charge sheet has already been submitted in this
case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, injury being
found to be simple in nature and charge sheet being submitted,
this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pasraha P.S. Case
No. 54 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.10080 of 2026(2) dt.09-03-2026
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(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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