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Patna High Court

Mukesh MandalversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to petitioners 1, 3 and 4 subject to conditions, while rejecting the petition of petitioner 2 as infructuous.

Summary

Four brothers were named in FIR No.21 of 2026 for alleged assault using lathi, iron rod and other weapons, causing simple injuries and a non‑vital fracture. They filed an anticipatory bail petition under the Bhartiya Nyay Sanhita, 2023. During the pendency, petitioner No.2 (Vikash Kumar) was arrested, rendering his bail application infructuous. The court examined the nature of the injuries, noting they were largely simple and the allegation was general, and held that such facts do not preclude anticipatory bail. Consequently, the court granted anticipatory bail to petitioners 1, 3 and 4 subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S., while dismissing the application of petitioner 2.

Issues considered

  • Whether anticipatory bail can be granted when the alleged assault results only in simple injuries and a non‑vital fracture.
  • Whether the arrest of a petitioner makes the anticipatory bail application infructuous.
  • Whether the nature of injury alone determines the commission of an offence under Section 109 of the Bhartiya Nyay Sanhita.
  • Whether conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. may be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bhartiya Nyay Sanhita
  • Section 109
  • injury assessment
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27416 of 2026
                     Arising Out of PS. Case No.-21 Year-2026 Thana- TATARPUR District- Bhagalpur
                 ======================================================
           1.     Mukesh Mandal S/o- Rajan Mandal @ Rajendra Mandal Mohalla- Naya
                 Tola Rekabganj, P.S.- Tatarpur, District- Bhagalpur
           2.    Vikash Kumar @ Vikash Mandal S/o- Rajan Mandal @ Rajendra Mandal
                 Mohalla- Naya Tola Rekabganj, P.S.- Tatarpur, District- Bhagalpur
           3.    Murari Kumar @ Murari Mandal S/o- Rajan Mandal @ Rajendra Mandal
                 Mohalla- Naya Tola Rekabganj, P.S.- Tatarpur, District- Bhagalpur
           4.    Rajendra Mandal @ Rajan Mandal S/o- Late Chhatri Mandal Mohalla- Naya
                 Tola Rekabganj, P.S.- Tatarpur, District- Bhagalpur
                                                                                   ... ... Petitioners
                                                       Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Davendra Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-04-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2. At the outset, learned counsel appearing on behalf of

                   the petitioners seeks permission to withdraw the application

                   only with regard to petitioner no. 2 namely, Vikash Kumar @

                   Vikash Mandal as he was arrested by the police during

                   pendency of the present anticipatory bail petition.

                            3. Considering the aforesaid submission, anticipatory bail

                   petition of petitioner no. 2 namely, Vikash Kumar @ Vikash

                   Mandal stands rejected having become infructuous.
Patna High Court CR. MISC. No.27416 of 2026(2) dt.29-04-2026
                                            2/4




                   4. Now, the present anticipatory bail petition survives

          only with regard to petitioner nos. 1, 3 and 4 respectively.

                   5. The accused-petitioners, named in the F.I.R., are

          apprehending their arrest in connection with Tatarpur P.S. Case

          No. 21 of 2026 registered for the offences punishable under

          Sections 189(2), 189(4), 190, 191(3), 126(2), 115(2), 117(2),

          109(1), 303(2), 324(4), 308(2) of the Bhartiya Nyay Sanhita,

          2023 (in short, the ‘B.N.S.’).

                   6. As per FIR, petitioners alleged to assault the informant

          and others by using lathi, iron rod, khanti etc. causing head and

          bodily injury where alleged assault was made with intention to

          cause their death. It is alleged that the occurrence took place due

          to previous enmity between the parties.

                   7. Learned counsel appearing on behalf of the petitioners

          submitted that the occurrence was free-fight in nature for which

          earlier a case was lodged by the petitioners’ side as Tatarpur P.S.

          Case No. 20 of 2026, and to counter the same the present false

          case was lodged by the informant. It is submitted that both

          parties received injuries during the occurrence.

                   8. It is pointed out that the injury as received by the

          informant’s side, upon medical examination, found simple in

          nature except one injury which is the fracture of middle finger
Patna High Court CR. MISC. No.27416 of 2026(2) dt.29-04-2026
                                            3/4




          i.e. non-vital part of the body.

                   9. It is submitted that the allegation qua physical assault

          is appearing very much general and omnibus against the

          petitioners and merely on the ground that one grievous injury

          was found upon, the anticipatory bail of the petitioners was

          rejected by the learned trial court, which is not the correct

          position of law, as only nature of injury is not the consideration

          to constitute an offence under section 109 of the B.N.S. rather

          several factors are required to be taken into consideration as

          nature of weapon, manner of assault, body parts where assault

          was made, pre and post conduct of the accused etc. and in

          support of his submission, learned counsel relied upon the legal

          report of Hon’ble Supreme Court as available through State of

          Himachal Pradesh Vs. Shamsher Singh reported in 2025 SCC

          OnLine SC 807.

                   10.    Explaining criminal antecedent, learned counsel

          submitted that petitioners were found involved in one more

          criminal case, where they are on bail.

                   11. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   12. In view of the aforesaid factual submissions and by

          taking note of the fact as allegation qua physical assault is
           Patna High Court CR. MISC. No.27416 of 2026(2) dt.29-04-2026
                                                       4/4




                     appearing very much general and omnibus against the

                     petitioners, where all injuries upon medical examination found

                     simple except one grievous which was found on the non-vital

                     part of the body, as discussed aforesaid, accordingly, all three

                     above-named petitioners, in the event of their arrest/surrender

                     within a period of four weeks from this order, are directed to be

                     enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten

                     thousand only) each with two sureties of the like amount each to

                     the satisfaction of learned Judicial Magistrate - 1 st Class,

                     Bhagalpur/concerned court in connection with Tatarpur P.S.

                     Case No. 21 of 2026, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C/Section 482(2) of the

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).



                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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