Patna High Court
Shyam Mandal @ Shyam Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court refused bail, dismissing the petition.
Summary
The petitioner, Shyam Mandal, was arrested on 21 November 2025 in connection with an FIR dated 20 November 2025 alleging that he assaulted the brother of an informant with an iron rod, causing injuries that later led to death. He was charged under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The petitioner’s counsel argued that he has a clean record, that the allegations are fabricated, and that he has been in judicial custody without merit. The State opposed bail, contending that the FIR contains a specific allegation supported by medical evidence, including a post‑mortem report. After considering the seriousness of the offence, the evidence on record and the risk of the petitioner fleeing, the Court declined to grant bail. Consequently, the petition for bail was dismissed.
Issues considered
- Whether bail should be granted to the accused in a case of alleged assault leading to death under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- Bharatiya Nyay Sanhita
- Section 103
- Section 3
- assault
- homicide
- medical evidence
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29503 of 2026
Arising Out of PS. Case No.-289 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Shyam Mandal @ Shyam Kumar Mandal S/o Atul Mandal R/o Village -
Koyala Bazar, P.S - Raj Mahal, District - Sahebganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Pawan Kumar Singh, learned counsel
for the petitioner and Mr. Ram Anurag Singh learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
21.11.2025 in connection with Amdabad P.S. Case No. 289 of
2025, FIR dated 20.11.2025 registered for the offence under
Section 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. Allegation against the petitioner is that he
assaulted the brother of the informant with iron rod and due to
which informant’s brother sustained injury and later on died
during treatment.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has
falsely been made implicated in this case. He further submits
Patna High Court CR. MISC. No.29503 of 2026(2) dt.04-05-2026
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that the allegation as alleged in the F.I.R. is false and fabricated
and the petitioner has not committed any offences as alleged in
the F.I.R. He next submits that police has submitted charge-
sheet against the petitioner and the petitioner is rotting in
judicial custody since 21.11.2025.
5. Learned A.P.P. for the State, on the other hand,
has vehemently opposed the prayer for bail of the petitioner and
submits that there is direct and specific allegation against the
petitioner that he assaulted the brother of the informant by
means of iron rod due to which brother of the informant
sustained injury and later on died. He next submits that the
allegation levelled against the petitioner is also supported by the
medical evidence (post-mortem report).
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Amdabad P.S. Case No. 289 of 2025, pending
in the Court of Judicial Magistrate, 1st Class, Katihari.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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