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Patna High Court

Manoj Mandal @ Manoj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Manoj Mandal sought anticipatory bail fearing arrest in Budhuchak P.S. Case No. 82 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and grievous injury. He contended that he was falsely implicated, that the dispute stemmed from a land‑partition quarrel, and that he himself had been injured by the informant’s side, even filing a counter‑case. The State opposed the bail, arguing the seriousness of the charges. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the Bharatiya Nyaya Sanhita, imposing conditions such as surety, personal appearance, and verification of criminal antecedents. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under the Bharatiya Nyaya Sanhita.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or repeating similar offences.
  • Whether the court may impose conditions on the anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • false implication
  • land dispute
  • Bharatiya Nyaya Sanhita
  • Section 438
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2365 of 2026
                    Arising Out of PS. Case No.-82 Year-2025 Thana- BUDHUCHAK District- Bhagalpur
                 ======================================================
                 Manoj Mandal @ Manoj Kumar, S/o Late Siyaram Mandal R/o Village -
                 Budhuchak, P.S - Budhuchak, District - Bhagalpur.

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Swapnil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


3   24-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Petitioner apprehends his arrest in connection with

                   Budhuchak P.S. Case No. 82 of 2025 registered for the offences

                   under Sections 191(2), 190, 126(2), 115(2), 74, 109, 352,

                   351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023.

                                 3. The prosecution case is to the effect that the

                   informant has alleged that the named accused persons, including

                   the petitioner, had assaulted the wife of the informant and the

                   daughter of the informant and caused grievous injuries.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.2365 of 2026(3) dt.24-02-2026
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          petitioner has falsely been implicated in this case and in fact it is

          the petitioner who had suffered fracture on his hand on account

          of the assault made by the informant’s side, for which one

          counter case was also lodged bearing Budhuchak P.S. Case

          No.86 of 2025. It has further been submitted that it was on

          account of partition of land, that two brothers are fighting

          among themselves and an exaggerated story has been concocted

          to lodge the present case, however, it was the petitioner who had

          in fact been admitted in the government hospital and was

          subsequently discharged after 15 days. It has next been

          submitted that there is no injury report of the wife of the

          informant on record, while the injury of Kajal Kumari is said to

          be simple in nature. It has lastly been submitted that the

          petitioner has two criminal cases against his name, however, he

          is on bail in the said cases. It has also been submitted that both

          the said cases have been lodged by the same informant as of the

          present case.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the
Patna High Court CR. MISC. No.2365 of 2026(3) dt.24-02-2026
                                            3/4




          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Budhuchak P.S. Case No. 82 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.

          as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
                          relative.
                          (ii) The petitioner shall remain physically present in
                          Court on each date of the trial.
                          (iii) In case of absence on two consecutive dates, or in
                          violation of the terms of the bail, the bail bond of the
                          petitioner will be liable to be cancelled by the Court
                          concerned.
                          (iv) If the petitioner is found involved in similar nature
                          of offence in future, the prosecution shall be at liberty
                          to move for cancellation of his bail bond.
                          (v) The learned 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.
              Patna High Court CR. MISC. No.2365 of 2026(3) dt.24-02-2026
                                                          4/4




                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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