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Patna High Court

Miku Mandal @ Niku MadalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        3/3




                                   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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