Patna High Court
Anik MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail should be granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners, a group of eleven men from Govindpur village, sought bail after being implicated in Maheshkhunt Police Station Case No. 17 of 2026 for offences under several sections of the B.N.S.S. and Section 27 of the Arms Act. The prosecution alleged that they, along with others, attacked an informant's house, snatched earrings and engaged in brick‑battering. The petitioners contended they were falsely implicated, claiming the case was a retaliatory filing following a separate incident (Case No. 16 of 2026) and that the FIR contained vague, omnibus allegations with no cognizable offence. The State opposed the bail application. The Court, noting the vague and doubtful nature of the allegations, the possibility of false implication, and the delay in filing, ordered that the petitioners be released on bail upon furnishing bonds of Rs.5,000 with two sureties each, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements.
Issues considered
- Whether the petitioners are entitled to bail despite the serious charges under the B.N.S.S. and Arms Act.
- Whether the allegations in the FIR are sufficiently specific to deny bail.
- Whether Section 482(2) of the B.N.S.S. permits the grant of bail in view of possible false implication.
Legislation cited
Subjects
- bail
- false implication
- criminal procedure
- B.N.S.S.
- Arms Act
- vague allegations
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28857 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- MAHESHKHUNT District- Khagaria
======================================================
1. Anik Mandal S/O Krishndev Mandal R/O Village- Govindpur P,S,-
Mheshkhunt,District- khagaria
2. Rohit kumar @ Rohit Kumar Mandal @ Rohit Mandal S/O Pappu Mandal
R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria
3. Rakesh Kumar @ Rakesh Mandal S/O Pappu Mandal R/O Village-
Govindpur P,S,- Mheshkhunt,District- khagaria
4. Vikash Kumar Mandal S/O Adhik Mandal R/O Village- Govindpur P,S,-
Mheshkhunt,District- khagaria
5. Rahul Kumar @ Rahul Mandal S/O Ajay Mandal R/O Village- Govindpur
P,S,- Mheshkhunt,District- khagaria
6. Ajay Kumar @ Ajay Mandal S/O Anik Mandal R/O Village- Govindpur
P,S,- Mheshkhunt,District- khagaria
7. Sahil Kumar @ Sahil Mandal S/O Ajay Mandal R/O Village- Govindpur
P,S,- Mheshkhunt,District- khagaria
8. Prashant Kumar @ Prashant Mandal S/O Pappu Mandal R/O Village-
Govindpur P,S,- Mheshkhunt,District- khagaria
9. Mithun Kumar @ Mithun Mandal S/O Buto Mandal R/O Village-
Govindpur P,S,- Mheshkhunt,District- khagaria
10. Ranjit Kumar @ Ranjit Mandal S/O Buto Mandal R/O Village- Govindpur
P,S,- Mheshkhunt,District- khagaria
11. Sujeet Kumar @ Sujeet Mandal S/O Prakash Mandal R/O Village-
Govindpur P,S,- Mheshkhunt,District- khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
Patna High Court CR. MISC. No.28857 of 2026(2) dt.05-05-2026
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2. In the present case, the petitioners are
apprehending their arrest in connection with Maheshkhunt P.S.
Case No. 17 of 2026 registered for the offences under Sections
191(2), 191(3), 190, 126(2), 115(2), 329(3), 109, 303(2), 352 of
BNS and Section 27 of the Arms Act.
3. As per prosecution case, the petitioners and
other co-accused persons attacked the house of the informant
after entering her house and snatched her earrings. The
petitioners and other co-accused persons also resorted to brick-
batting.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. The present case is counter blast of Maheshkhunt P.S.
Case No. 16 of 2026 which has been registered for the
occurrence of the same day in which one of the persons of the
petitioners' side received firearm injury. A number of persons
from the informant's side assaulted one Lila Devi and her family
members after entering her house and in order to create defence,
the present case has been lodged after delay of one day and
there is no explanation for the said delay. Learned counsel
further submits that from the contents of the FIR no cognizable
offence is made out as allegation of snatching earrings is false
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and concocted and moreover, there is general and omnibus
allegation against 33 persons. All the petitioners having clean
antecedent except petitioners Ajay Mandal, Vikash Mandal and
Ranjit Mandal, who are having antecedent of one case and
petitioner Anik Mandal is having antecedent of two cases.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
completely vague and doubtful nature of allegation in the
background of case and counter version and further considering
the possibility of false implication, let the petitioners above
named, in the event of their arrest or surrender before the court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs.5,000/- (Rupees
Five Thousand Only) each with two sureties of the like amount
each to the satisfaction of learned Sub-divisional Judicial
Magistrate, Khagaria/concerned court in connection with
Maheshkhunt P.S. Case No. 17 of 2026, subject to the condition
as laid down under Section 482(2) of the B.N.S.S. and other
following conditions :
(i) One of the bailors will be a close
Patna High Court CR. MISC. No.28857 of 2026(2) dt.05-05-2026
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relative of the petitioners.
(ii) The petitioners will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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