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Patna High Court

Bhanu Mandal @ Bhanu Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

Bhanu Mandal was arrested in connection with a case alleging that he and others demanded a Rs.5 lakh ransom and, upon refusal, fired at the informant. The petitioner claimed innocence, stating the dispute stemmed from a land disagreement and that no incriminating material was found on him, though he has six prior criminal records. The State opposed bail, citing the seriousness of the offences under the B.N.S and the Arms Act. The court considered the ongoing land dispute, the length of the petitioner’s custody, and the lack of direct evidence, and decided to grant bail. Bail was conditioned on a Rs.15,000 bond, two sureties, a family member as a bailor, and mandatory appearance at trial dates.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences and his prior criminal antecedents
  • Whether the existence of a land dispute and lack of incriminating material justify bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • land dispute
  • Arms Act
  • ransom
  • B.N.S offences
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2499 of 2026
                       Arising Out of PS. Case No.-115 Year-2025 Thana- BASANHI District- Saharsa
                 ======================================================
                 Bhanu Mandal @ Bhanu Kumar Mandal Son of Late Basho Mandal @ Baso
                 Mandal R/o Village - Dotara, Ward no. 13, P.S. - Basanahi, Dist. -
                 Saharsa(Bihar).

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Akash Anand, Adv.
                 For the Opposite Party/s :        Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   22-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Basanahi P.S. Case No. 115 of 2025 instituted for the offences

                   punishable under Sections 126(2), 109, 308(2), 308(5) and 3(5)

                   of the B.N.S and Section 27 of the Arms Act.

                                3. The prosecution case, in short, is that, when the

                   informant was sitting at his darwaja, the present petitioner along

                   with other persons came and demanded five lakh ransom

                   amount and if not to execute land in his name and on denial they

                   made firing upon him however he saved in life.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.2499 of 2026(2) dt.22-01-2026
                                            2/3




          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. The petitioner and the

          informant are co-villagers and neighbours and the mother of the

          petitioner purchased land from the informant and his brother by

          sale deed and there is a land dispute between both the parties.

          The petitioner is in custody since 09.08.2025 and has got six

          criminal antecedents.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, persisting land dispute between the parties and

          taking into account the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Basanahi P.S. Case No. 115 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.2499 of 2026(2) dt.22-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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