Patna High Court
Diwakar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nayay Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
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
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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.
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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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