Patna High Court
Laxman Mandal @ Laxman Kumar @ Laxman Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the allegations were general and the injury report showed no visible injuries, satisfying the criteria under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Laxman Mandal, was named in an FIR for allegedly pelting stones at police officers while they attempted to seize a jute bag containing wine bottles at Lailakh Mamalkha Railway Station. The petition argued that the allegations were vague, general and omnibus, and that the injury report showed no visible injuries to the constables. The State opposed bail, citing the seriousness of the offences listed under the BNS and the Railway Act. The court examined the lack of specific injury evidence and the general nature of the accusations, finding insufficient grounds to deny bail. Consequently, the court ordered that the petitioner be released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the allegations against the petitioner are sufficiently specific to deny bail
- Whether the absence of visible injuries to the constables affects the bail decision
- Whether bail can be granted under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS in the present circumstances
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Railway Act — s. 153
Subjects
- bail
- general and omnibus allegations
- injury report
- Section 438 Cr.P.C.
- Section 482 BNSS
- criminal procedure
- stone pelting
- railway station
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23813 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- BHAGALPUR RAIL P.S. District-
Bhagalpur
======================================================
Laxman Mandal @ Laxman Kumar @ Laxman Kumar Mandal S/o Ramtahal
Mandal @ Ramthal Mandal R/o village- Lailakh Mamalkha, P.S.- Sabour,
Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Davendra Kumar Pandey
For the Opposite Party/s : Mr.Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-04-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bhagalpur Rail
P.S. Case No. 194 of 2025 registered for the offences
punishable under Sections 109, 132, 190, 191(2), 191(3),
61(2), 324(4), 352 and 238 of the BNS and Section 153 of
the Railway Act.
3. The allegation against petitioner is of pelting
stones on police personnel, while they were in the process to
seize jute bag containing wine bottles at Lailakh Mamalkha
Railway Station from the coach of UP Howrah Express.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.23813 of 2026(2) dt.23-04-2026
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behalf of the petitioner that allegation against the petitioner
is appearing very much general and omnibus. It is submitted
that allegation regarding pelting stones is not specific against
this petitioner and allegation as to injured two constables is
also not appears convincing in view of para no. 269 of the
case diary, where no external injuries were noticed upon
constables, who alleged to receive injuries during the
occurrence. While concluding arguments, it is submitted that
petitioner found involved in three more criminal cases where
he is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as injury report negate any visible
injuries coupled with the fact that allegation prima-facie
appears general and omnibus in nature, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.23813 of 2026(2) dt.23-04-2026
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learned ACJM cum Railway Magistrate, Bhagalpur/concerned
Court, where the case is pending in connection with
Bhagalpur Rail P.S. Case No. 194 of 2025, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C/
Section 482(2) of BNSS with further conditions:-
(i) That petitioner shall not involve in the
similar nature of offence till the conclusion of
trial, failing which, the State shall be at liberty
to move before the Trial Court itself for the
cancellation of bail bond of the petitioner.
(iii) Accused/Petitioner shall cooperate in the
trial and shall be physically present on each
and every date before the Trial Court till
conclusion of the trial and exemption from
physical appearance be allowed by the Trial
Court, only on medical ground of the petitioner
duly supported by the documents.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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