Patna High Court
Dipak Kumar Mandal @ Dipak Kr MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioners subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioners, three brothers from Fathepur, sought bail fearing arrest in a case (Amarpur P.S. Case No.931 of 2025) alleging assault, verbal abuse, and theft of ornaments under several sections of the Bharatiya Nyaya Sanhita. They claimed innocence, asserted that a compromise had been reached with the victim, and offered to pay Rs.10,000 each for the victim's medical and financial assistance without admitting guilt. The State opposed the bail application. The High Court considered the compromise, the petitioners' clean record, and the undertaking to compensate the victim, and granted bail subject to a bond of Rs.10,000 each with two sureties and specific conditions under Section 482(2) of the BNSS. The court also directed the lower court to ensure the presence of the informant and victim and to hand over the compensation before accepting the bail bonds.
Issues considered
- Whether bail can be granted under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the compromise and the petitioners' undertaking.
- Whether the petitioners' willingness to pay compensation without admission of guilt suffices for bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- bail
- compromise
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
- victim compensation
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24362 of 2026
Arising Out of PS. Case No.-931 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Dipak Kumar Mandal @ Dipak Kr Mandal S/O Suresh Mandal Resident of
village-Fathepur, P.S.-Amarpur, District- Banka
2. Jivesh Kumar @ Ritesh Kumar Mandal Son of Suresh Mandal Resident of
village-Fathepur, P.S.-Amarpur, District- Banka
3. Surendra Mandal @ Suresh Mandal Son of Late Mahavir Mandal Resident
of village-Fathepur, P.S.-Amarpur, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the parties.
2. The petitioners are apprehending their arrest in
connection with Amarpur P.S. Case No.931 of 2025, dated
23.12.2025, registered for the offence punishable under Sections
126(2), 115(2), 109(1), 74, 303(2), 352, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the allegation against the
petitioners is that they assaulted the mother of the informant,
abused her by calling her a dian, and also snatched away her
ornaments.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
the present case. It is submitted that during the pendency of the
instant bail application, a compromise has been arrived at
Patna High Court CR. MISC. No.24362 of 2026(3) dt.07-05-2026
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between the parties and the petitioners have also proposed to
provide financial and medical assistance to the victim, namely,
the informant’s mother. Upon instructions, learned counsel
submits that the petitioners have voluntarily agreed to pay a sum
of Rs. 10,000/- each to the victim towards her medical and
financial assistance for the injuries allegedly sustained by her,
without accepting their guilt. Lastly, it is submitted that the
petitioners have no criminal antecedents
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the
case, particularly the compromise arrived at between the parties
and the undertaking of the petitioners to pay Rs. 10,000/- each
to the victim towards her medical assistance, let the above
named petitioners, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of six weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Banka/Successor Court in connection with Amarpur
P.S. Case No.931 of 2025 subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
Patna High Court CR. MISC. No.24362 of 2026(3) dt.07-05-2026
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conditions:
(i) One of the bailors should be the family
member/relative/ known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences, failing
which the State shall be at liberty to take steps for cancellation of the
bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of their bail bonds.
7. However, the learned Court below is directed to
ensure the presence of the informant as well as the victim lady,
and the amount which the petitioners propose to pay shall be
handed over to the victim lady, whereafter only the bail bonds of
the petitioners shall be accepted.
(Ajit Kumar, J)
shikha/-
U T
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