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Patna High Court

Manikchand MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Manikchand Mandal was arrested on 3 December 2025 in connection with FIR No. 347 of 2025 alleging assault during a land dispute, charging him under several sections of the BNS, 2023. The petitioner argued that the FIR only specifically implicated his father, Sudama Mandal, and that there was no direct allegation against him, contending that he was merely a member of the mob. The State, represented by the informant’s counsel, countered that the petitioner had participated in the crime and highlighted his involvement in two other cases, though he was on bail in one and acquitted in the other. The court examined the allegations, the petitioner’s criminal antecedent, and the principle of bail, ultimately deciding to grant bail on a bond of Rs.10,000 with two sureties and imposing conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be executed without delay for verification purposes.

Issues considered

  • Whether the petitioner is entitled to bail despite the FIR alleging his participation in assault during a land dispute.
  • Whether the petitioner’s prior criminal cases affect the grant of bail.

Legislation cited

  • BNS, 2023 — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 191(3)

Subjects

  • bail
  • land dispute
  • assault
  • BNS 2023
  • criminal procedure
  • conditions of bail
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26499 of 2026
                      Arising Out of PS. Case No.-347 Year-2025 Thana- DHAMDAHA District- Purnia
                 ======================================================
                 Manikchand Mandal S/o Sudama Mandal R/o Vill. - Sohata, P.S.- Falka,
                 Dist.- Katihar. At present R/o Village - Satmi Bind Toli, Ward no. 08, P.S. -
                 Dhamdaha, Dist. - Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewanand Tiwari, Advocate
                                          :       Mr.Raghaw Kumar, Advocate
                 For the Opposite Party/s :       Mr.Harendra Prasad, APP
                 For the informant        :       Mr. Rakesh Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-04-2026                      Heard Mr. Dewanand Tiwari, learned counsel

                   appearing for the petitioner, Mr. Rakesh Kumar Jha,learned

                   counsel for the informant and Mr.Harendra Prasad, learned

                   A.P.P. for the State.

                                 2. The petitioner seeks bail, who is in custody

                   since 03.12.2025 in connection with Dhamdaha P.S. Case

                   No. 347 of 2025, F.I.R. dated 30.11.2025 registered for the

                   offence punishable           under Sections 191(2), 191(3), 190,

                   115(2), 126(2), 109, 103(1) of BNS, 2023.

                                 3. As per FIR, the informant alleged that on the

                   day and time of the incident the petitioner alongwith other

                   co-accused persons assaulted the informant and her family
Patna High Court CR. MISC. No.26499 of 2026(2) dt.21-04-2026
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          members on account of long standing land dispute.

                       4. Learned senior counsel appearing for the

          petitioner submits that from a bare perusal of the FIR it

          appears that due to admitted land dispute the present

          occurrence had taken place. There is case and counter case.

          Further submits that it appears from the FIR that the

          specific allegation of assault is attributed against co-accused

          person, namely, Sudama Mandal, who happens to be the

          father of the petitioner and there is no specific allegation of

          any assault or overt-act attributed against the petitioner, at

          best, the petitioner may be a member of the mob and the

          police, after investigation, submitted the chargesheet against

          the petitioner and petitioner is in custody since 03.12.2025.

                       5. Learned counsel for the informant and learned

          APP for the State have opposed the prayer for bail of the

          petitioner and submits that the petitioner has participated in

          the present crime in question, apart from that, the petitioner

          carries two more cases other than the present one, out of

          two cases, the petitioner is on bail in one case and in rest

          one case, he has been acquitted from the learned Trial Court

          itself, as mentioned in para-3 of the bail petition.
Patna High Court CR. MISC. No.26499 of 2026(2) dt.21-04-2026
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                       6. Considering the aforesaid fact,           let the

          petitioner, above named, be released on bail on furnishing

          bail bond of Rs.10,000/- (Ten Thousand) with two sureties

          of the like amount each to the satisfaction of learned J.M.,

          Purnea in connection with Dhamdaha P.S. Case No. 347 of

          2025, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be

          cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or

          the witnesses, in that case, the prosecution will be at liberty

          to move for cancellation of bail.

                       (III) And, further condition that the 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
               Patna High Court CR. MISC. No.26499 of 2026(2) dt.21-04-2026
                                                           4/4




                         above-mentioned order shall not be delayed for purpose of

                         or in the name of verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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