Patna High Court
Arun MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 109, 115, 126, 3, 303, 351, 352, 74
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
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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
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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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