Patna High Court
Manoj Mandal @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 351(2), 351(3), 352, 482(2), 74
- Code of Criminal Procedure — s. 438(2)
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
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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.
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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/-
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