Patna High Court
Manikchand MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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.
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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
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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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