Patna High Court
Niranjan MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that anticipatory bail could not be granted because of the specific allegation of assault on a vital part of the body.
Summary
The petitioner, Niranjan Mandar, applied for anticipatory bail fearing arrest in a case (PS Case No. 48 of 2025) involving multiple offences under the Indian Penal Code, including assault with a sword and robbery. The prosecution alleged that on 13 March 2025 the petitioner and five others assaulted the informant and his family, causing serious injuries and stealing a gold chain. The petitioner contended he was falsely implicated and that no specific overt act could be attributed to him, raising a dispute over a passageway near his house. The State opposed the bail, emphasizing the allegation of assault on a vital part of the body. The Court, noting the seriousness of the specific assault allegation, declined to grant anticipatory bail, thereby rejecting the petitioner's application.
Issues considered
- Whether anticipatory bail under Section 438 of the CrPC should be granted to the petitioner in view of the specific allegations of assault on a vital part of the body and other serious offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 109, 115(2), 117(2), 118(2), 126(2), 190, 191(2), 191(3), 303(2), 352
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- assault
- robbery
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1470 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- Kharagpur District- Munger
======================================================
Niranjan Mandal S/o Vaikund Mandal @ Bakunth Mandal R//o Village-
Dularpur Kharagpur, Haweli Kharagpur, Muner, P.O.- Kharagpur, District-
Jamui, Bihar- 811213
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rahul Mani, Adv
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kharagpur P.S. Case No. 48 of 2025, registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 117(2), 118(2), 303(2), 109 and 352 of the B.N.S.
3. The case of the prosecution, in short, is that on
13.03.2025 at about 4:30 P:M, petitioner Niranjan Mandal and 5
others came near the house of the informant. Thereafter, a
quarrel took place and it is alleged that the petitioner along with
other co-accused persons started abusing and assaulting the
informant and his family, caused serious injuries. The petitioner
assaulted Raju Kumar on his neck with sword. Further, other co-
Patna High Court CR. MISC. No.1470 of 2026(2) dt.28-01-2026
2/2
accused persons snatched gold chain from the informant party.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. There is a dispute relating to 3 feet wide path
adjacent to the house of the petitioner for passage. He further
submits that there is no specific overt act or injury attributed
against the petitioner.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that there is specific allegation
of assault on vital part of the body against the petitioner, this
Court is not inclined to grant privilege of anticipatory bail to the
petitioner.
7. Accordingly, the present anticipatory bail
application stands rejected.
(Alok Kumar Sinha, J)
kiran/-
U T
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