Patna High Court
HARDEV MANDALversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, a 77‑year‑old man with a clean record, was implicated in a murder case (Bathnaha P.S. Case No. 392 of 2024) under several sections of the B.N.S. He applied for anticipatory bail, claiming innocence and alleging that the accusations were false and omnibus. The State opposed the bail. The court, considering the petitioner's advanced age and lack of prior convictions, allowed the anticipatory bail application. The order directed that if arrested or surrendered within four weeks, the petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The decision reflects the court’s discretion to grant bail to protect the liberty of an elderly accused pending trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of his age, clean antecedent, and the nature of the allegations.
Legislation cited
- B.N.S. — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- murder
- age
- clean antecedent
- Criminal Procedure Code
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19780 of 2026
Arising Out of PS. Case No.-392 Year-2024 Thana- BATHNAHA District- Sitamarhi
======================================================
HARDEV MANDAL S/O THAKURI MANDAL R/O Vill.- Kamaldah, P.S.-
Bathnaha, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar PATNA
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Bathnaha P.S. Case No. 392 of 2024 registered
for the offence under Sections 127(2), 115(2), 109(1), 103(1)
and 3(5) of B.N.S.
3. As per the prosecution case, petitioner and
others are said to have assaulted the victim causing murder of
the deceased.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that there is
general and omnibus allegations against the petitioner who is a
77-year-old man. Petitioner has clean antecedent.
Patna High Court CR. MISC. No.19780 of 2026(3) dt.01-07-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the age and allegation against the
petitioner, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the concerned Court
below in connection with Bathnaha P.S. Case No. 392 of 2024,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.