Patna High Court
Miku Mandal @ Niku MadalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Miku Mandal was arrested in connection with a FIR alleging assault that resulted in the death of an informant's father, with charges under several sections of the BNS, 2023. The petitioner argued that he has a clean criminal record, is physically disabled (45% disability and uses a crutch), and that the FIR contains only a generic allegation against all accused without specific acts attributed to him. The prosecution opposed bail, maintaining the seriousness of the offences. The court noted the petitioner’s disability, lack of specific allegations, and clean antecedent, and consequently granted bail on a Rs.10,000 bond with two sureties, imposing conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was subject to cancellation if the petitioner fails to appear on two consecutive dates without sufficient reason or conceals any criminal history.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges of assault and homicide.
- Whether the petitioner’s disability and lack of specific allegations in the FIR warrant bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- BNS, 2023 — s. 103(1), 109, 115(2), 126(3), 190, 191(2), 191(3), 351(2)(3), 352
Subjects
- bail
- criminal procedure
- disability
- false implication
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22271 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- Bhawanipur District- Bhagalpur
======================================================
Miku Mandal @ Niku Madal S/o- Late Bhother Mandal Village- Nagarpara,
P.S- Bhawanipur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Ajay Kumar Jha, learned counsel for the
petitioner and Mr. Md. Matloob Rab, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.10.2025 in connection with Bhawanipur P.S. Case No. 228 of
2025, F.I.R. dated 26.10.2025 for the offences punishable under
Sections 191(2), 191(3), 190, 126(3), 115(2), 109, 103(1), 352,
351(2)(3) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner have brutally assaulted the
informant's father resulting into his death.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that
Patna High Court CR. MISC. No.22271 of 2026(2) dt.06-04-2026
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although the petitioner is named in the FIR but there is no
specific allegation of assault or overt act attributed against the
petitioner rather there is general and omnibus allegation against
all the accused persons including this petitioner and due to
previous dispute the present occurrence has taken place. In fact,
the petitioner is physically handicapped having 45% disability
and he move with the help of crutch and therefore, the allegation
against him that he came at the place of occurrence is not
admissible. He further submits that the police after investigation
submitted the charge sheet against the petitioner. The petitioner
is in custody since 27.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, there is no specific
allegation against him and he is a person with disability, let the
petitioner, above named, 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 learned Additional
Chief Judicial Magistrate-III, Naugachia, Bhagalpur in
connection with Bhawanipur P.S. Case No. 228 of 2025, subject
to the following conditions:-
Patna High Court CR. MISC. No.22271 of 2026(2) dt.06-04-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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