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Patna High Court

Siru Mandal @ Siro MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to the petitioners with conditions.

Summary

The petitioners, three elderly brothers and a son, sought anticipatory bail fearing arrest in a case (Lodipur PS Case No. 224 of 2025) registered under sections 103(1) and 3(5) of the Bihar Narcotic Substances Act. The FIR stemmed from a complaint that the informant's brother was assaulted by two individuals, Bandhu and Bablu, who are sons of one of the petitioners and are already in judicial custody. The petitioners argued they have no criminal antecedent and that the main accused are already detained, making their arrest unnecessary. The State opposed the bail, citing the informant’s identification of the petitioners. Considering the petitioners' age, lack of prior record, and the custody of the principal accused, the Court granted anticipatory bail subject to strict conditions under Section 438(2) of the Cr.P.C. The order required a bail bond of Rs.10,000 with two sureties, compliance with appearance requirements, non‑interference with witnesses, and abstention from further offences.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with the FIR under sections 103(1) and 3(5) of the Bihar Narcotic Substances Act.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Bihar Narcotic Substances Act
  • elderly accused
  • bail conditions
  • High Court of Patna

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12967 of 2026
                      Arising Out of PS. Case No.-224 Year-2025 Thana- LODIPUR District- Bhagalpur
                 ======================================================
           1.     Siru Mandal @ Siro Mandal S/O Late Singheshwar Mandal @ Late Phogo
                  Mandal R/O Village- Sri Rampurdih, Dariapur, P.S- Lodipur, Distt.-
                  Bhagalpur.
           2.    Sukkar Mandal @ Sukar Mandal S/O Late Singeshwar Mandal @ Late
                 Phogo Mandal R/O Village- Sri Rampurdih, Dariapur, P.S- Lodipur, Distt.-
                 Bhagalpur.
           3.    Mugdev Mandal @ Mugadh Mandal S/O Late Singheshwar Mandal @ Late
                 Phago Mandal R/O Village- Sri Rampurdih, Dariapur, P.S- Lodipur, Distt.-
                 Bhagalpur.
           4.    Prinsh Kumar S/O Siru Mandal @ Siro Mandal R/O Village- Sri Rampurdih,
                 Dariapur, P.S- Lodipur, Distt.- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjan Kumar Jha, Adv.
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   29-04-2026                    Heard learned Counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Lodipur P.S. Case No. 224 of 2025 for the offence registered

                   under section 103(1), 3(5) of BNS.

                                3. As per the prosecution story, the informant alleged that

                   in the morning of the fateful day, there was a rumour that his brother

                   is being assaulted. As he reached there, found him in serious

                   condition. Dial 112 was called and in the meantime, on query, the

                   injured brother disclosed that Bandhu and Bablu have assaulted him
Patna High Court CR. MISC. No.12967 of 2026(3) dt.29-04-2026
                                            2/3




          and further requested to immediately call 112 so that he could be

          treated. However, in course of treatment, he died whereafter, the FIR.

                       4. Learned Counsel for the petitioners submit that both

          Bandhu and Bablu are sons of the petitioner no. 1, Siru Mandal who

          is 75 years of age. Further, the second petitioner, Sukkar Mandal is

          also 72 years old and all the three petitioners are brothers and to

          implicate them, the present FIR. The last submission is that they do

          not have criminal antecedent.

                       5. In this case, the case diary was called for and though

          learned APP opposes the prayer submitting that the informant has

          named them, concede that the different witnesses have narrated that

          the injured gave the name of Bandhu and Bablu who according to

          learned counsel for the petitioners are in judicial custody.

                       6. Taking into account the submissions of the parties as

          also the fact that the main accused,             Bandhu and Bablu are in

          custody, two of these petitioners are aged, all these petitioners are

          brothers and have no criminal antecedent, in that background, this

          Court is inclined to grant them the anticipatory bail with conditions.

                       7. Let the petitioners in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the order,

          shall be released on anticipatory bail on furnishing bail of Rs.

          10,000/- (ten thousand) each with two sureties of the like amount

          each to the satisfaction of the learned S.D.J.M., Bhagalpur in

          connection with Lodipur P.S. Case No. 224 of 2025 subject to
           Patna High Court CR. MISC. No.12967 of 2026(3) dt.29-04-2026
                                                       3/3




                     condition as laid down under Section 438(2) of the Cr.P.C.

                                  (i)   one    of    the     bailor       should   be   the   family

                     members/relatives of the petitioners, who shall provide official

                     document (Aadhar Card, PAN Card, Driving License, Voter ID) to

                     show his bona fide;

                                  (ii) the petitioners shall appear on each and every date

                     before the Trial court and failure to do so for two consecutive dates

                     without plausible reason will entail cancellation of his bail bond by

                     the Trial court itself;

                                  (iii) the petitioners shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences, failing

                     which the State shall be at liberty to take steps for cancellation of the

                     bail bonds;

                                  (iv) the petitioners shall desist from committing any

                     criminal offence again failing which the State shall be at liberty to

                     take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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