Patna High Court
Dinesh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner is entitled to pre‑arrest bail, subject to verification of vehicle documents and the furnishing of a bank guarantee and bail bond as per Section 482(2) of the BNSS.
Summary
The petitioner, Dinesh Kumar Mandal, was implicated in a case where police seized 27 Hiva trucks, including the one he owned (registration BR 11 GA‑9025), which was being driven by his driver. He claimed innocence, asserting he was not present at the incident and that the driver had a valid licence. The State opposed his request for pre‑arrest bail. The High Court examined the FIR, noted that only 12 trucks were actually seized, and directed the District Court to verify the petitioner’s ownership documents under the Motor Vehicles Act. The Court conditionally granted pre‑arrest bail, requiring the petitioner to furnish a bank guarantee equal to the truck’s value, a bail bond of Rs 10,000 with two sureties, and to disclose any pending criminal cases, failing which the order would lapse.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in the offence(s) under Sections 223(a), 262, 109(1), 132, 302(2) and 3(5) of the BNS.
- Whether the petitioner’s ownership of the seized truck and the driver’s conduct justify bail.
- What conditions, if any, should be imposed on the grant of pre‑arrest bail.
Legislation cited
Subjects
- pre‑arrest bail
- motor vehicle ownership
- seizure of trucks
- Section 482(2) of BNSS
- bail bond
- bank guarantee
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15524 of 2026
Arising Out of PS. Case No.-139 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Dinesh Kumar Mandal, Aged 41 years, Male, Son of Lalho Mandal, resident
of Village- Ward No.15 Amarpur, P.S- Ghogha, Ekchari, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard Mr. Anand Kumar Ojha, learned counsel
appearing on behalf of the petitioner and Mr. Rajendra Singh,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Ghogha P.S. Case No. 139 of 2025, registered for the
offence punishable under Sections 223(a), 262, 109(1), 132,
302(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, on
07.09.2025, in course of patrolling, when the police team had
reached at newly constructed four line where the Mining
Inspector, Bhagalpur and Dy.S.P., Kahalgaon were present,
seized 27 Hiva trucks. The driver had allegedly threatened to
kill the police officials and also attempted to crush. Rest 12
Hiva trucks were seized and present FIR has been lodged
Patna High Court CR. MISC. No.15524 of 2026(2) dt.25-03-2026
2/3
against 27 Hiva trucks for legal action.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and he has falsely
been implicated in the present case. Petitioner is the owner of
the Hiva truck bearing Registration No. BR 11 GA-9025, which
was being driven by his driver and petitioner has no concern
with the occurrence nor he was present at the place of
occurrence. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the FIR, I find that
altogether 12 Hiva trucks were seized at the place of occurrence.
Petitioner has claimed himself to be the owner of the Hiva truck
bearing Registration No. BR 11 GA-9025 but the same was
being driven by his driver. The driver had valid license. The
learned District Court is directed to verify that the petitioner has
all the required documents as per the provision of Motor Vehicle
Act like papers relating to pollution, insurance and other
documents. In case there is no violation, the petitioner, above
named, is directed to be released on pre-arrest bail, in the event
Patna High Court CR. MISC. No.15524 of 2026(2) dt.25-03-2026
3/3
of his/her arrest or surrender before the learned District Court on
furnishing of Bank Guarantee equal to the value of the Hiva
truck within a period of four weeks from today and on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District Court where the case is pending, in
connection with Ghogha P.S. Case No. 139 of 2025, subject to
the condition as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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