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Patna High Court

Manish Mandal @ Nagmani MandalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

Manish Mandal applied for anticipatory bail after an FIR was lodged against him for offences under Sections 309(4) and 27 of the Arms Act, relating to a robbery in which a victim’s brother‑in‑law was attacked and Rs 2.5 lakhs were stolen. The petitioner claimed the FIR was malicious, asserted his innocence, and argued that his prior convictions were not mentioned in the bail application. The State opposed the bail, highlighting Mandal’s two earlier convictions (for murder, attempted murder and offences under the Arms Act, and for dacoity) and stating that the motorcycle used in the crime belonged to him, with his involvement emerging from a co‑accused’s confessional statement. The court examined the allegations, the petitioner’s criminal antecedents, and the evidentiary material, and concluded that the seriousness of the allegations and the petitioner’s history warranted denial of bail. Consequently, the anticipatory bail prayer was rejected and the bail application dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite his prior criminal convictions and the alleged involvement in the robbery.
  • Whether the evidence, including the ownership of the motorcycle and confessional statements of co‑accused, justifies denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • robbery
  • prior convictions
  • habitual offender
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19792 of 2026
                        Arising Out of PS. Case No.-593 Year-2025 Thana- BANKA District- Banka
                 ======================================================
                 Manish Mandal @ Nagmani Mandal son of Bateshwar Mandal Resident of
                 village- Vijay nagar PS- Banka District- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sudhir Kumar Mishra, Adv.
                 For the Opposite Party/s :       Mr.Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   19-05-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State through virtual mode.

                                   2. The petitioner apprehends his arrest in

                   connection with            Banka P.S. Case No. 593 of 2025, dated

                   26.12.2025 registered for the offence punishable under Sections

                   309(4) and 27 of Arms Act.

                                   3. As per the FIR, on 26.12.2025, the informant’s

                   brother-in-law withdrew Rs. 2.5 lacs from SBI A.D.B. Branch

                   Banka, he was going to his home, two unknown persons

                   attacked on him with same kind of weapon, as a result of which

                   he fell down from his motorcycle and they attacked him and

                   snatched Rs. 2.5 lakhs. Thereafter, the victim was brought to

                   Sadar Hospital wherein he was referred to Mayaganj Hospital,

                   Bhagalpur for better treatment.
Patna High Court CR. MISC. No.19792 of 2026(3) dt.19-05-2026
                                            2/4




                          4. It is submitted by learned counsel for the

          petitioner that the petitioner is quite innocent and has been

          falsely implicated in this case. The allegations made in the First

          Information Report is malicious and has been made with ulterior

          motive by the informant while no such incident is said to have

          been taken place. It is further submitted that the FIR was lodged

          against unknown and on the basis of confessional statement, the

          name of the petitioner transpired in this case. Learned counsel

          for the petitioner fairly submitted that the petitioner has two

          criminal antecedents, bearing (1) Banka P.S. Case No. 95 of

          2014 dated 25.03.2014 under section 302, 307/34 of I.P.C. and

          27 of Arms Act and (2) Banka P.S. Case No. 44 of 2015 dated

          23.01.2015 under section 395 and 397 both registered at Banka

          P.S. against him. It has further been submitted that the petitioner

          is currently on bail in both the cases; however, due to

          inadvertence, the same could not be mentioned in paragraph 3

          of the instant anticipatory bail application.

                          5. On the other hand, learned A.P.P. for the State

          opposed the prayer for anticipatory bail by submitting that the

          petitioner is a habitual offender and has two criminal

          antecedents. It is further submitted that the informant’s brother-

          in-law was returning home after withdrawing Rs. 2.5 lakhs from
Patna High Court CR. MISC. No.19792 of 2026(3) dt.19-05-2026
                                            3/4




          the SBI, A.D.B. Branch, Banka and when he reached near

          Murhara Road, two unknown persons armed with weapon

          attacked him and snatched the said amount. It is further

          submitted that the motorcycle which was used in commission of

          the crime belonged to the petitioner, which fact has been stated

          by the family member of the petitioner and the reference of the

          same can be made from paragraph-43 of the case diary. It is also

          submitted that due to the injuries sustained in the occurrence,

          the injured was first taken to Sadar Hospital for primary

          treatment and thereafter referred to Mayaganj Hospital,

          Bhagalpur for better treatment. Lastly, it is submitted that a

          person having such antecedents and alleged involvement in

          offences of similar nature should not be extended the privilege

          of anticipatory bail.

                       6. Taking into account the fact that the motorcycle

          used in commission of the crime belonged to the petitioner and

          his participation has surfaced during the course of investigation

          on the basis of confessional statement of the co-accused as well

          as statements of his family member, coupled with the fact that

          the petitioner has two criminal antecedents, this Court is not

          inclined to enlarge the petitioner on anticipatory bail.

          Accordingly, the prayer for grant of anticipatory bail is rejected.
          Patna High Court CR. MISC. No.19792 of 2026(3) dt.19-05-2026
                                                      4/4




                                 7. Accordingly, the present bail application stands

                    dismissed.



                                                                         (Ajit Kumar, J)

shikha/suryadev
U       T


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