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Patna High Court

Bhikhan Mandal @ Bhikhari Mandal @ Bhikhar MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Bhikhan Mandal, applied for anticipatory bail in a murder case registered as Bathnaha P.S. Case No. 392 of 2024, alleging offences under Sections 127(2), 115(2), 109(1), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He claimed innocence, stating that his name appeared only in a co‑accused’s self‑inculpatory statement and that there was no credible material linking him to the crime. The State opposed the bail, highlighting that the petitioner is specifically named in the FIR and that a Section 82 Cr.P.C. process has already been issued against him. After considering the seriousness of the allegations and the material on record, the Court declined to grant anticipatory bail, emphasizing that its observation was prima facie and would not affect the trial. The bail application was therefore rejected.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Bharatiya Nyaya Sanhita for the alleged murder offences.
  • Whether the petitioner’s inclusion in the FIR and the pending Section 82 Cr.P.C. process preclude the grant of anticipatory bail.
  • Whether the lack of direct evidence against the petitioner justifies the denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • murder
  • Section 82 CrPC
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16014 of 2026
                     Arising Out of PS. Case No.-392 Year-2024 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Bhikhan Mandal @ Bhikhari Mandal @ Bhikhar Mandal S/o Late Thakuri
                 Mandal Resident of Village- Kamaldah, P.S.- Bathnaha, Dist- Sitamarhi

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

                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh
                 For the Informant        :       Mr. Kumar Prabhakar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   13-05-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State and the learned counsel for the

                   informant.

                                2. The petitioner seeks anticipatory bail in connection

                   with Bathnaha P.S. Case No. 392 of 2024 registered for the

                   offences under Sections 127(2), 115(2), 109(1), 103(1) and 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   alleged to have been involved in the murder of the deceased.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. It is further submitted that there is no credible material to
Patna High Court CR. MISC. No.16014 of 2026(3) dt.13-05-2026
                                            2/3




          connect the petitioner with the alleged occurrence. It is also

          contended that the name of the petitioner has surfaced only in

          the self-inculpatory statement of the co-accused and the

          petitioner, not being an immediate family member of the co-

          accused, had no role in the alleged offence. It is thus prayed that

          the petitioner may be granted the privilege of anticipatory bail.

                       5. Learned APP for the State as well as learned

          counsel for the informant have vehemently opposed the prayer

          for anticipatory bail. It is submitted that the petitioner is

          specifically named in the FIR and the seriousness of the

          allegations is evident. It is further pointed out that process under

          Section 82 Cr.P.C. has already been issued against the petitioner.

                       6. Having considered the rival submissions, the nature

          and gravity of the accusation and the materials available on

          record, this Court is not inclined to grant the privilege of

          anticipatory bail to the petitioner.

                       7. Accordingly, the prayer for anticipatory bail is

          hereby rejected.

                       8. It is, however, made clear that any observation

          made herein is purely prima facie in nature and confined to the

          adjudication of the present bail application. The same shall not

          be construed as an expression on the merits of the case and shall
            Patna High Court CR. MISC. No.16014 of 2026(3) dt.13-05-2026
                                                        3/3




                      not influence the trial or any other proceedings.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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