Patna High Court
Bhikhan Mandal @ Bhikhari Mandal @ Bhikhar MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 127(2), 3(5)
- Criminal Procedure Code — s. 82
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
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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
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not influence the trial or any other proceedings.
(Sandeep Kumar, J)
Shishir/-
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