Patna High Court
Deepak Mandal @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the BNS.
Summary
The petitioner, Deepak Mandal, a government railway employee, sought anticipatory bail fearing arrest in connection with FIR No. 50 of 2025 alleging offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bihar Negotiable Statutes (BNS). He argued that the dispute arose from the informant's buffalo grazing on his maize crop, resulting in a simple head injury to the informant during a spontaneous scuffle, and that the incident was not pre‑planned. The State opposed the bail, but the court considered the petitioner’s clean criminal record, the nature of the injury, and the circumstances of the altercation. Accordingly, the court granted anticipatory bail, directing the petitioner to surrender within six weeks and furnish a bail bond of Rs. 20,000 with two sureties, subject to Section 482(2) of the BNS. The order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the facts and the nature of the alleged offences.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Bihar Negotiable Statutes
- FIR
- government employee
- simple injury
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11092 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- SHAHKUND District- Bhagalpur
======================================================
Deepak Mandal @ Deepak Kumar, Son of Late Radhe Mandal, R/o Village -
Gorgama, P.S. - Shahkund, Dist. - Bhagalpur..
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anupa Nand Jha, Adv.
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Shahkund P. S. Case No. 50 of 2025 registered for the
offences punishable under Sections 126(2), 115(2), 109, 352,
351(2) and 3(5) of the BNS.
3. The main submissions advanced by the petitioner's
counsel are that the FIR itself shows that a dispute arose in
between both the parties owing to grazing of the petitioner's
maize crop by buffalo of the informant and on the head of the
informant, only one injury was found which has been opined to
be simple in nature, in fact, the informant fell down on the ground
during the course of scuffling, resulting in the said head injury to
him and further, the prosecution story clearly shows that the
alleged incident was not pre-planned and occurred in the spur of
Patna High Court CR. MISC. No.11092 of 2026(2) dt.26-02-2026
2/2
moment. It is lastly submitted that the petitioner bears no
criminal antecedent and is a government employee serving in
the Railway Department.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions, the pleas taken by the
petitioner in his application and coupled with the genesis of the
occurrence and fair and clean antecedent of the petitioner as
well as the nature of the injury of the informant, this court is
inclined to grant the relief of anticipatory bail. Accordingly, let
the petitioner named-above, in the event of his arrest/surrender
before the learned court below within a period of six weeks
from today, be released on anticipatory bail in connection with
Shahkund P. S. Case No. 50 of 2025 on furnishing bail bond of
Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of
the like amount each to the satisfaction of the Court concerned,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Shailendra Singh, J)
Rajiv/-
U T
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