Patna High Court
Mukesh MandalversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 189(2), 189(4), 190, 191(3), 303(2), 308(2), 324(4)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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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