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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

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
                                            2/3




          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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