Patna High Court
Vijay MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Vijay Mandal and Vishal Sagar were arrested in connection with a violent incident arising from a land dispute, where the victim was allegedly struck on the head with a stick and an axe, resulting in grievous injuries. The petitioners sought bail, arguing they have clean antecedents and that the assault was spontaneous without intent to kill. The prosecution opposed bail, emphasizing the seriousness of the offences and the grievous nature of the injury. The court considered the facts, the seriousness of the charges under the Bihar Non‑Specific (BNS) Act, 2023, and the petitioners' custody since February 2026. It granted bail on a Rs. 10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was conditioned on compliance, with provisions for cancellation upon breach.
Issues considered
- Whether bail should be granted to the accused despite the serious nature of the offences and the grievous injury caused.
- Whether the circumstances of a land‑dispute‑related assault justify a more lenient bail disposition.
Subjects
- bail
- grievous hurt
- land dispute
- criminal procedure
- BNS Act 2023
- sections 126,115,109,117,303,352,351,3
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29588 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- KAJRAILI District- Bhagalpur
======================================================
1. Vijay Mandal S/o Shridhar Mandal R/o Village - Bahadurpur, P.S. - Karjaili,
Dist. - Bhagalpur, Bihar, 813129.
2. Vishal Sagar S/o Vijay Mandal R/o Village - Bahadurpur, P.S. - Kajraili,
Dist. - Bhagalpur, Bihar, 813129.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate
For the Opposite Party/s : Md. Matloob Rab, A.P.P.
For OP No. 2 : Mr. Sumit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Petitioners seek bail who is in custody since
10.02.2026 in connection with Kajraili P.S. Case No. 135 of
2025 for the offences punishable under Sections 126(2), 115(2),
109, 117(2), 303(2), 352, 351(2) and 3(5) of the BNS, 2023.
3. The prosecution case, in short, is that, he was going
to his field on December 8, 2025, at approximately 12:00 PM.
At that time, his brother & nephew, viz; 1. Vijay Mandal, and 2.
Vishal Sagar, were already standing in their field. When he
reached near the field, his brother, holding a stick, and his
nephew, holding an axe, started threatening him. Then he started
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recording a video on her mobile phone. At that moment, his
brother struck him on the head with the stick he was holding,
with the intention of killing him, which caused his head to split
open, and he fell down. His nephew also struck him with the axe
at the same time, aiming for his neck, but it hit his head instead.
He fell unconscious there, but his brother and nephew thought
he was dead. They both of them fled from the place of
occurrence. His sister-in-law, 3. Sunita Devi, and
4. Sejal Sagar, took his gold chain from his neck and Rs. 15,000
from his pocket. Then all them left him there in the field and ran
away. Villagers came to the field, found him unconscious, and
took him to Kajraili Police Station.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent. It is next submitted that it
appears from the FIR that due to land dispute the present
occurrence has taken place and there is no intention on the part
of the petitioners to kill anyone and at the spur of the moment
the present occurrence has taken place and the injury sustained
by the injured person is grievous in nature. It is next submitted
that petitioners and informant are agnates to each other and
petitioners are in custody since 10.02.2026.
5. The learned Additional Public Prosecutor for State
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and learned counsel for the informant have vehemently opposed
the prayer for bail of the petitioner that there is direct and
specific allegation against the petitioners. Apart from that the
injury sustained by the injured person is grievous in nature.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM,
Bhagalpur in connection with Kajraili P.S. Case No. 135 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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