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Patna High Court

Dharma Narayan MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to the conditions prescribed under Section 482(2) of the Code of Criminal Procedure.

Summary

The petitioners, Dharma Narayan Mandal and his wife Surji Devi, feared arrest in connection with a 2016 complaint alleging offences under several sections of the Indian Penal Code, stemming from a dispute over a sale‑deed executed by their father in favour of the wife. The complaint alleged that the sale‑deed was irregular and implicated the petitioners in offences such as assault, cheating, criminal conspiracy and forgery. The petitioners contended they were innocent and sought anticipatory bail, while the State and the second respondent opposed the relief. The Court examined the factual matrix, the familial relationship between the parties, and the nature of the allegations, and concluded that the petitioners were not likely to flee or tamper with evidence. Accordingly, the Court granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Code of Criminal Procedure. The order directs that the bail be released upon arrest or surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the provisions of the Code of Criminal Procedure in view of the pending complaint.
  • Whether the nature of the alleged offences and the relationship between the parties warrant the imposition of bail conditions.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Section 482 CrPC
  • family dispute
  • sale deed
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28715 of 2025
                  Arising Out of PS. Case No.-780 Year-2016 Thana- COMPLAINT CASE District- Supaul
                 ======================================================
           1.     Dharma Narayan Mandal S/o- Late Panchlal Mandal Village- Shahpur
                  Prithvipatti Ps- Bhaptiyahi Dist- Supaul
           2.    Surji Devi @ Suraji Devi W/o- Dharma Narayan Mandal Village- Shahpur
                 Prithvipatti Ps- Bhaptiyahi Dist- Supaul

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Nawal Kishor Mandal S/o- Late Panchlal Mandal Village- Shahpur
                 Prithvipatti Ps- Bhaptiyahi Dist- Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Mishra
                 For the Opposite Party/s :      Mr. Anil Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   17-02-2026                  Heard the learned counsel for the petitioners, learned

                   APP for the State and the learned counsel for the O.P.No. 2.

                                2. The petitioners apprehend arrest in connection with

                   Complaint Case No. 780 C of 2016 registered for offences under

                   Sections 323, 420, 120B, 406, 467, 468, 379, 427, 504 of the

                   Indian Penal Code.

                                3. As per the complaint, the petitioner no. 1 is the

                   brother of the complainant. The thrust of the complaint is that

                   the father had executed a sale-deed in favour of the petitioner

                   no. 2 who is none-else but the wife of the petitioner no. 1.

                                4. Learned counsel for the petitioners submits that the
            Patna High Court CR. MISC. No.28715 of 2025(5) dt.17-02-2026
                                                        2/2




                      petitioners are quite innocent and have not committed any

                      offence.

                                   5.   Learned       counsel      for     the   complainant   has

                      vehemently opposed the prayer for bail.

                                   6. Considering the facts and circumstances of the case

                      and the relationship between the parties, this application for

                      anticipatory bail is allowed.

                                   7. Accordingly, let the petitioners, above-named, in

                      the event of their arrest or surrender within four weeks from

                      today in the Court below, be released on bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) each with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Supaul/concerned court below in

                      connection with Complaint Case No. 780 of 2016 subject to the

                      conditions as laid down under Section 482(2) of the BNSS.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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