Patna High Court
Ajit Kumar Mandal @ Ajit Mandal @ AjitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Ajit Kumar Mandal, was named in an FIR (Palasi P.S. Case No. 488 of 2025) alleging offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023, arising from a land dispute that led to assault and alleged outrage of modesty. The petitioner claimed innocence, asserting that the land in question belonged to him and that both parties had filed cases and counter‑cases, and he presented a jamabandi and rent receipt as evidence. The State opposed bail, acknowledging the seriousness of the injuries but noting the land ownership claim. The Court considered whether the petitioner was entitled to anticipatory bail despite the grave allegations. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 30,000 and comply with conditions under Section 482(2) of the B.N.S.S., 2023, for a period of four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
- Whether the existence of a land dispute and counter‑cases affects the grant of anticipatory bail.
- Whether the seriousness of the alleged injuries warrants denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 110, 115(2), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 351(3), 352, 482(2), 76
Subjects
- anticipatory bail
- land dispute
- Bharatiya Nyaya Sanhita
- criminal procedure
- Section 482
- bail bond
- Section 2(1)(d)
- offences under sections 126,115,110,76,303,352,351,109
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32993 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- PALASI District- Araria
======================================================
Ajit Kumar Mandal @ Ajit Mandal @ Ajit S/o Parmod Mandal R/o Village -
Mahindarpur, P.S. - Palasi, Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ziaul Quamar, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Palasi P.S. Case No. 488 of 2025 lodged on 12.12.2025, for
the offence punishable under Sections 126(2), 115(2), 110, 76,
303(2), 352, 351(2), 351(3), 3(5) & 109 of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
12 named accused persons including the present petitioner with
allegation that they have abused the informant’s side and
stopped them not to plough the field. Upon oppose, the accused
persons have assaulted the informant’s side by fist and lathi due
to which, injury has been caused. Allegation of outrage of
modesty and snatching of money are also there in the FIR.
Patna High Court CR. MISC. No.32993 of 2026(2) dt.13-05-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the informant’s side and the petitioner’s side, both
are resident of the same village and land dispute is admitted as
alleged by the informant itself. He submits that the alleged land
was purchased by the petitioner’s side and mutation is also done
in the name of petitioner’s side, but the informant’s side were
not ready to accept the same. He submits that he has attached
the jamabandi of the said land which was running in the name
of petitioner. He further submits that for the same date and place
of occurrence, there are case and counter case from both the
sides. He further submits that the petitioner has clean
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that for the same date
and place of occurrence, there are case and counter case from
both the sides. He submits that though, injury is grievous in
nature, but the land in question belongs to the petitioner by
virtue of the rent receipt attached and on which the informant’s
side visited, due to which the scuffling took place.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
Patna High Court CR. MISC. No.32993 of 2026(2) dt.13-05-2026
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anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Chief Judicial Magistrate, Araria, in connection
with Palasi P.S. Case No. 488 of 2025, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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