Patna High Court
Nitish Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court grants bail to the petitioners.
Summary
The petitioners, Nitish Kumar Mandal and Kusheshwar Mandal, were arrested in connection with a case registered under Sections 140(1), 140(2) and 3(5) of the Bharatiya Nyaya Sanhita, stemming from a land dispute and alleged threats against the informant's family. The informant claimed that the petitioners had threatened to kill his family members and that a missing relative, Shyam Nandan Mandal, might have been a victim, though no body was recovered and the police could produce only telephonic call records. The petitioners submitted that a pending civil suit (Title Suit No. 14 of 2023) indicated a bona‑fide dispute, suggesting the FIR may have been motivated by the land conflict, and they have no prior criminal record, having been in custody since 26‑Oct‑2024. The State opposed bail, but the Court, noting the lack of material evidence, clean antecedents, and the prolonged pre‑trial detention, decided to grant bail. The petitioners were released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences under the Bharatiya Nyaya Sanhita.
- Whether the existence of a pending civil suit raises a reasonable doubt about the motive behind the FIR and affects the bail decision.
- Whether the lack of substantive evidence (no body, only CDR) justifies bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 140(1), 140(2), 3(5)
Subjects
- bail
- criminal procedure
- land dispute
- Bharatiya Nyaya Sanhita
- Section 140
- Section 3(5)
- civil suit
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11485 of 2026
Arising Out of PS. Case No.-131 Year-2024 Thana- KARJAIN District- Supaul
======================================================
1. Nitish Kumar Mandal S/o- Budhan Mandal R/v- Ithari W.No-4, Ps-
Bhaptiyahi Dist- Supaul
2. Kusheshwar Mandal S/o- Surya Narayan Mandal R/v- Jhilladumari, W.No-
10, Ps- Bhaptiyahi Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Giri
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. Earlier the prayer for bail of the petitioners was
rejected by this Court (Annexure P/1).
3. The petitioners seek bail in connection with Karjain PS
Case No. 131 of 2024 (corresponding to ST No 62 of 2025)
instituted for the offences punishable under Sections 140 (1),
140 (2) and 3 (5) of the Bharatiya Nyaya Sanhita pending in the
Court of learned Additional Sessions Judge IV, Sapaul.
4. The prosecution case is that Suresh Mandal, the
informant, lodged information with police alleging therein that
on 29.08.2024, his brother Shyam Nandan Mandal left the house
Patna High Court CR. MISC. No.11485 of 2026(3) dt.07-04-2026
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but he did not return. When he went to the house of Sheo
Nandan Mandal, he saw that his vehicle was parked there. He
states that prior to the same incident, Budhan Mandal, Sheo
Narain Mandal, Shankar Mandal, Nitish Kumar Mandal, Chotu
Mandal, Ramchandra Mandal and Kusheshwar Mandal had
threatened that they would kill members of his family. The
informant further asserted that a suit is also going on between
his brother and the aforesaid persons with regard to the land
dispute.
5. The person, namely, Shyam Nandan Mandal @
Parmanand Mandal is still traceless. The police, during
investigation, neither could recover the dead body nor could
gather any material against the petitioners except some
telephonic talks on the basis of CDR.
6. The learned counsel for the petitioners has brought on
record the photostat copy of Title Suit No 14 of 2023 wherein
the informant is defendant No 2 and three of the co-accused,
namely, Budhan Mdndal, Shyam Narain Mandal and Shankar
Kumar Mandal are plaintiffs. The parties are claimed to be
agnates.
7. The pendency of civil suit between the parties raises a
bona fide doubt with regard to the implication as the same may
Patna High Court CR. MISC. No.11485 of 2026(3) dt.07-04-2026
3/3
also be based on land dispute and the names may have been
inserted in the FIR because of that dispute. These observations
are being made for limited purposes of bail and they should not
effect any other adjudication connected with this case. The
petitioners are in custody since 26.10.2024 with no criminal
antecedent.
8. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
9. Considering the aforesaid facts and circumstances of
the case, clean antecedents of the petitioners and the period of
custody undergone by the petitioners, this Court is inclined to
grant bail to the petitioners.
10. Let the petitioners be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Karjain PS Case No.
131 of 2024 (corresponding to ST No 62 of 2025).
(Ansul, J)
M.E.H./-
U
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