Patna High Court
Bhanu Mandal @ Bhanu Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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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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