Patna High Court
Ratan MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the allegations were of a serious nature and the petitioner was not entitled to protection from arrest.
Summary
The petitioner, Ratan Mandal, applied for anticipatory bail after a FIR was lodged alleging his involvement in a violent assault on the informant’s father and uncles, which resulted in the father’s death. The FIR charges him under several provisions of the Bharatiya Nyaya Sanhita, including sections dealing with assault, homicide, and related offences. The petitioner pleaded innocence, asserted a clean antecedent, and sought protection from arrest. The State opposed the bail, emphasizing the seriousness of the allegations. The court examined the nature of the offences and the risk of the petitioner evading trial, and consequently refused the anticipatory bail. The bail application was dismissed, leaving the petitioner subject to arrest under the pending case.
Issues considered
- Whether the petitioner is entitled to anticipatory bail given the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103, 109, 115, 126, 190, 191, 351, 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- homicide
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18519 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- Bhawanipur District- Bhagalpur
======================================================
Ratan Mandal S/o Late Charittar Mandal @ Late Ram Charittar Mandal
Resident of Village - Nagarpara, Police Station - Bhawanipur, District -
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Bhawanipur P. S.
Case No. 228 of 2025 registered for the offences punishable
under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 103(1),
352, 351(1)(3) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., all the named accused persons
including this petitioner assaulted father and two uncles of the
informant as a result of which they sustained injuries and during
treatment, father of the informant died.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.18519 of 2026(2) dt.02-04-2026
2/2
the bail application.
6. Considering the nature and seriousness of
accusation, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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