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Patna High Court

Jeet MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of specific allegations against the petitioner and given the general nature of the charge, anticipatory bail under Section 438(2) CrPC and Section 482(2) B.N.S.S. is warranted.

Summary

The petitioner, Jeet Mandal, was named in an FIR alleging that he and other accused assaulted the son of an informant, resulting in the victim’s death. He contended that the post‑mortem report showed only a single injury, contradicting the prosecution’s narrative, and that the specific assault allegation was directed at co‑accused Bechan Mandal. The petitioner also highlighted his clean antecedents and pointed out that similarly situated co‑accused had been granted anticipatory bail by a coordinate bench. The State opposed the bail, but the court observed that the charge against the petitioner was general and omnibus, with no specific allegation linking him to the assault. Relying on Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., the court allowed the petition for anticipatory bail. Consequently, the petitioner was released on anticipatory bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions prescribed.

Issues considered

  • Whether anticipatory bail can be granted when the allegations against the petitioner are general and not specifically directed at him
  • Whether the post‑mortem findings undermine the prosecution’s case against the petitioner
  • Applicability of Section 438(2) CrPC and Section 482(2) B.N.S.S. in granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • general allegations
  • omnibus charge
  • postmortem report
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12128 of 2026
                     Arising Out of PS. Case No.-158 Year-2025 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Jeet Mandal son of Sogarath Mandal R/v -Soriabadi, School Tola, Ward No
                 01, Ps- Bokhara, (Nanpur) Dist- Sitamarhi

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushpendra Kumar Singh
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-02-2026                     Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehends arrest in a case registered

                   for the offence punishable under Sections 126(2), 115(2), 118

                   (1), 109, 75, 303(2), 351(2), 3(5) of the B.N.S. and later on

                   103(1) of the B.N.S., 2023 was added.

                                3. As per prosecution case, on 14.03.2025, at about 7

                   P.M. all the FIR named accused persons, including this

                   petitioner assaulted the son of the informant with iron rod,

                   bricks and stones as a result of which he died during course of

                   treatment.

                                4. Learned counsel appearing for the petitioner

                   submits that as per FIR, 14 named accused persons, including

                   this petitioner, assaulted the son of the informant but as per
Patna High Court CR. MISC. No.12128 of 2026(2) dt.23-02-2026
                                            2/3




          postmortem report, only one injury was found on the person of

          deceased which itself falsifies the prosecution story. He further

          submits that during course of investigation it has come that

          specific accusation of assault is against co-accused Bechan

          Mandal. Petitioner claims clean antecedent. Similarly situated

          co-accused person, namely, Dilkhush Mandal and others have

          been granted privilege of anticipatory bail by a Coordinate

          Bench of this Court vide order dated 10.02.2026 passed in Cr.

          Misc. No. 1258 of 2026.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       6. Considering the above facts and circumstances of

          the case and the fact that there is no specific allegation of assault

          is against this petitioner rather the allegation is general and

          omnibus, the prayer for anticipatory bail of the petitioner is

          allowed.

                       7. Accordingly, let the petitioner, above-named, in the

          event of arrest or surrender within four weeks from today in the

          Court below, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

          the like amount each to the satisfaction of learned Sub-

          Divisional Judicial Magistrate, Pupri at Sitamarhi/concerned
            Patna High Court CR. MISC. No.12128 of 2026(2) dt.23-02-2026
                                                        3/3




                      Court below, in connection with Nanpur P.S. Case No. 158 of

                      2025, subject to the conditions as laid down in Section 438 (2)

                      of the Code of Criminal Procedure, 1973/ Section 482(2) of the

                      B.N.S.S.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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