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Patna High Court

Diwakar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to conditions, under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Summary

The petitioners, members of the Mandal family, were accused in Bihariganj P.S. Case No. 406 of 2025 of assaulting an informant and his family over a land dispute, with charges under several sections of the Bhartiya Nayay Sanhita. The petitioners argued that the FIR was lodged two days after the incident, that a prior FIR (Case No. 405 of 2025) had been filed by one of them, and that they themselves suffered injuries, including a grievous head injury to petitioner No.5. The State opposed the anticipatory bail, emphasizing the seriousness of the offences, including assault and theft of a silver chain. The court examined the delay, the nature of the injuries, the clean antecedents of the petitioners, and the pending investigation, and decided to grant anticipatory bail subject to conditions. The bail order required a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita despite serious assault charges.
  • Whether the two‑day delay in filing the FIR and the existence of a prior FIR affect the grant of bail.
  • Whether the injuries sustained by the petitioners and the alleged injuries to the informant’s family influence the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • criminal procedure
  • Section 482
  • Bhartiya Nayay Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20240 of 2026
                   Arising Out of PS. Case No.-406 Year-2025 Thana- BIHARIGANJ District- Madhepura
                 ======================================================
           1.     Diwakar Mandal S/o Late Phuleshwar Mandal R/o Village - Lakhonipur
                  Lalchand, Ward No.5, P.S - Bihariganj, District - Madhepura
           2.    Geno Mandal S/o Late Phuleshwar Mandal R/o Village - Lakhonipur
                 Lalchand, Ward No.5, P.S - Bihariganj, District - Madhepura
           3.    Tiliya Devi W/o Late Phuleshwar Mandal R/o Village - Lakhonipur
                 Lalchand, Ward No.5, P.S - Bihariganj, District - Madhepura
           4.    Sangina Devi @ Lukhari Devi W/o Ganeri Mandal R/o Village - Lakhonipur
                 Lalchand, Ward No.5, P.S - Bihariganj, District - Madhepura
           5.    Rubi Devi W/o Diwakar Mandal R/o Village - Lakhonipur Lalchand, Ward
                 No.5, P.S - Bihariganj, District - Madhepura
           6.     Runa Devi W/o Geno Mandal R/o Village - Lakhonipur Lalchand, Ward
                  No.5, P.S - Bihariganj, District - Madhepura
                                                                       ... ... Petitioners
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners        :     Mr. Navjot Yeshu, Advocate
                                                  Mr. Alok Kumar Singh, Advocate
                 For the Opposite Party :         Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   08-04-2026                     Heard learned counsel for the parties.

                                       2. This application for anticipatory bail arises out

                   of Bihariganj P.S. Case No. 406 of 2025 for the offence

                   punishable under Sections 115(2), 118(1), 109(1), 76, 126(2),

                   303(2), 352, 351(2), 3(5) of the Bhartiya Nayay Sanhita.

                                       3. As per the written report, when the informant

                   forbid the petitioners and other co-accused from constructing

                   the house over the land and claimed that the land belongs to the

                   informant, the petitioners and other unknown persons brutally
Patna High Court CR. MISC. No.20240 of 2026(2) dt.08-04-2026
                                            2/3




          assaulted the informant causing injuries in different parts of the

          body and when Saraswati Devi came to his rescue, she was also

          assaulted causing injury to the several parts of the body

          including her head. When other persons, namely, Pitambar

          Mandal and Deban Mandal, tried to intervene to save them, they

          too were assaulted by the accused persons including these

          petitioners by gadasa causing injuries. There is also allegation

          of snatching of silver chain from the wife of the informant.

                          4. Learned counsel for the petitioners has submitted

          that there is a delay of two days in lodging the FIR and, in fact,

          the petitioner No. 3 had also lodged Bihariganj P.S. Case No.

          405 of 2025, which is on earlier point of time, and the present

          one against the petitioners has been filed as a counter blast. It is

          also submitted that from the petitioners’ side also several

          persons were injured and petitioner No.5, a lady, also received

          grievous injury on her head and the injury report of petitioner

          No.5 is annexed as Annexure-P/5 to this application and the

          informant side has not explained the injuries on the persons of

          petitioner No.5. Moreover, the injuries of the injured persons

          have been annexed as Annexure-P/4 series and the injuries of all

          of them are simple in nature. There are serious land dispute

          between the parties and the petitioners bear clean antecedents.
          Patna High Court CR. MISC. No.20240 of 2026(2) dt.08-04-2026
                                                      3/3




                                    5. Learned counsel for the State opposed the prayer

                    of anticipatory bail of the petitioners.

                                    6. Considering the facts and circumstances, let the

                    petitioners above named, in the event of their arrest/surrender

                    within six weeks from today in the Court below, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    each with two sureties of the like amount each to the satisfaction

                    of the learned S.D.J.M., Udakishunganj, Madhepura, in

                    connection with Bihariganj P.S. Case No. 406 of 2025, subject

                    to the conditions as laid down under Section 482(2) of the

                    Bhartiya Nagrik Suraksha Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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