Patna High Court
Munna MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted bail to the petitioner, subject to bond and conditions, applying the principle of parity.
Summary
Munna Mandal petitioned the Patna High Court for bail in a case (Dhoraiya P.S. Case No. 252 of 2024) involving multiple offences under the B.N.S. He claimed innocence, lack of criminal antecedents, and pointed to similar co‑accused who had been granted anticipatory bail by the same court. The State opposed the bail. The Court, invoking the principle of parity and noting the petitioner’s clean record, ordered that he be released on bail if arrested or surrendered, subject to a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the B.N.S.S 2023. The order also stipulated cancellation of bail if the petitioner concealed any criminal antecedents or misrepresented prior bail petitions.
Issues considered
- Whether the petitioner is entitled to bail/anticipatory bail in the present case
- Whether the principle of parity with co‑accused warrants granting bail
- Whether the conditions imposed under Section 482(2) of the B.N.S.S 2023 are appropriate
Legislation cited
- B.N.S. — s. 109(1), 115(2), 118(2), 121(1), 126(2), 132, 190, 192(2), 223, 351(2), 352
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- anticipatory bail
- parity principle
- criminal procedure
- B.N.S
- B.N.S.S 2023
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16341 of 2026
Arising Out of PS. Case No.-252 Year-2024 Thana- DHORAIYA District- Banka
======================================================
Munna Mandal, Son of Late Suddin Mandal. Resident of Village -Ahiro, P.S.
-Dhoraiya, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate.
For the State : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Dhoraiya P.S. Case No. 252 of 2024 dated
23.07.2024 registered for the offences punishable under
Sections 192(2), 190, 126(2), 115(2), 118(2), 109(1), 132, 223,
121(1), 352 and 351(2) of B.N.S
3. As per allegation, the Police got information about
altercation took place between two groups in a village, reached
there, and found two sides attacking each with lathi, danda,
firearms, bricks and stones. It is further alleged that in the
process of pacifying the matter, the persons from both sides
entered into scuffle with the Police party. Altogether 33 persons
including the petitioner and 20-25 unknown persons have been
Patna High Court CR. MISC. No.16341 of 2026(2) dt.25-03-2026
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named in the FIR.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that similarly situated co-accused
persons have already been enlarged on anticipatory bail by co-
ordinate Benches of this Court vide orders dated 12.11.2024,
14.11.2024 and 21.05.2025 passed in Cr. Misc. Nos.74087 along
with 74397 of 2024, 75540 of 2024 along with 75867 of 2024
and 32193 of 2025 respectively. He also submits that the whole
case against the petitioner is based on suspicion and he was not
present at the place of occurrence.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. In view of following the principle of parity, this
petition is allowed, directing the petitioner, above-named, to be
enlarged on bail, in the event of his arrest or surrender before
the court below within a period of eight weeks from the date of
Patna High Court CR. MISC. No.16341 of 2026(2) dt.25-03-2026
3/3
receipt / production of a copy of this order, on his furnishing
bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned court below in connection with Dhoraiya P.S. Case
No. 252 of 2024, subject to the conditions as laid down under
Section 482 (2) of the B.N.S.S 2023, and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T
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