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Patna High Court

Dinesh Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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