Created by Fuzzy Cloud

Patna High Court

Arun MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Arun Mandal was arrested on 10 January 2026 in connection with FIR dated 25 December 2025 alleging assault with deadly weapons over a petty dispute, charging him under several sections of the BNS, 2023. The prosecution contended that the petitioner, along with others, brutally attacked the informant’s family. The petitioner’s counsel argued that he has a clean antecedent, the injuries were simple, and there exists a case‑and‑counter‑case between the parties. The Additional Public Prosecutor opposed bail. Considering the clean antecedent and the case‑and‑counter‑case, the Court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences charged under the BNS, 2023.
  • Whether the petitioner’s clean antecedent and the existence of a case‑and‑counter‑case justify the grant of bail.
  • What conditions, if any, should be imposed on the bail to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • case and counter case
  • clean antecedent
  • high court
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22794 of 2026
                      Arising Out of PS. Case No.-936 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Arun Mandal S/o Late Agahan Mandal @ Late Agahan Manda R/o Village -
                 Mahota, P.S - Amarpur, District - Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brij Nandan Prasad, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-04-2026                    Heard Mr. Brij Nandan Prasad, learned counsel for

                   the petitioner and Mr. Sanjay Kumar Tiwary, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   10.01.2026 in connection with Amarpur P.S. Case No. 936 of

                   2025, F.I.R. dated 25.12.2025 for the offences punishable under

                   Sections 126(2), 115(2), 109(1), 74, 303(2), 352, 351(2) and

                   3(5) of the BNS, 2023.

                               3. According to prosecution case, this petitioner along

                   with other accused persons armed with deadly weapons brutally

                   assaulted the informant and his family members over a petty

                   dispute.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.22794 of 2026(2) dt.08-04-2026
                                            2/3




          implicated in the present case. It appears from the FIR that due

          to petty dispute the present occurrence has taken place. There is

          case and counter case between the parties. Although there is

          specific allegation against the petitioner that he has assaulted to

          Sakuna Devi who is daughter-in-law of the informant and

          Sanjay Mandal. He further submits that from perusal of the

          injury report of Sakuna Devi it appears that the injury is simple

          in nature caused by hard and blunt substance and injury report

          of Sanjay Mandal suggest that one injury is simple in nature and

          one injury is grievous in nature which is on hand but the same is

          not on the vital part of the body. The petitioner is in custody

          since 10.01.2026.

                      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 and there is case and

          counter case between the parties, 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 Chief Judicial Magistrate,

          Banka in connection with Amarpur P.S. Case No. 936 of 2025,

          subject to the following conditions:-
            Patna High Court CR. MISC. No.22794 of 2026(2) dt.08-04-2026
                                                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.