Patna High Court
Siru Mandal @ Siro MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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