Patna High Court
Krishna Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to a monetary bond and specific conditions, given his clean antecedent, the nature of the land dispute, and the anticipatory bail granted to co‑accused.
Summary
The petitioner, Krishna Kumar Mandal, was arrested on 8 October 2025 in connection with a land‑dispute incident that led to charges under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code. The prosecution alleged that he assaulted the informant’s brother with a spade during a quarrel, while a co‑accused assaulted the informant with a lathi. The petitioner pleaded that he has a clean antecedent, the FIR is fabricated, and there was no intention to kill, citing that the dispute was mutual and both sides suffered injuries. The learned counsel highlighted that co‑accused persons had already been granted anticipatory bail by the same court. Considering the clean record, the nature of the dispute, and the precedent of anticipatory bail, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 341, 323, 307, 504, 506 and 34 IPC.
- Whether the petitioner’s clean antecedent and the land‑dispute context justify bail.
- Whether the grant of anticipatory bail to co‑accused influences the bail decision for the petitioner.
- What conditions may be imposed on bail in this circumstance.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
Subjects
- bail
- Indian Penal Code
- land dispute
- anticipatory bail
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3403 of 2026
Arising Out of PS. Case No.-77 Year-2023 Thana- BANDHUWA KURAWA District- Banka
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Krishna Kumar Mandal S/o- Late Dhaneshwar Mandal Resident of village-
Madhopur Ps- Bandhua kurawa District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md.Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-01-2026 Heard Mr. Md. Najmul Hodda, learned counsel for
the petitioner and Mr. Umanath Mishra, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
08.10.2025 in connection with Bandhua Kurawa P.S. Case No.
77 of 2023, F.I.R. dated 30.08.2023 for the offences punishable
under Sections 341, 323, 307, 504, 506 and 34 of the Indian
Penal Code.
3. According to prosecution case, on 26.08.2023, the
petitioner was ploughing the land of the informant. When the
informant objected, the petitioner abused him. During the
altercation, petitioner allegedly struck the informant’s brother on
the head with a spade, while other co-accused person allegedly
assaulted the informant with a lathi, causing injuries.
Patna High Court CR. MISC. No.3403 of 2026(2) dt.30-01-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. It appears from the FIR itself
that due to admitted land dispute, the present occurrence has
taken place and there is case and counter case and both sides
have received injuries. Although, the specific allegation of
assault is attributed against the petitioner that he has assaulted
the informant by means of spade (kudal) and he has received the
head injury. Learned counsel for the petitioner further submits
that there was no intention to kill anyone and at the spur of
moment, the present occurrence has taken place. Similarly
situated co-accused persons, namely, Punita Devi and Jairam
Mandal have been granted privilege of anticipatory bail by this
Court vide order dated 30.07.2025 passed in Cr. Misc. No.
33549 of 2025. He further submits that the police after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 08.10.2025.
5. Learned APP for the State have vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
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of the case and also the fact that the petitioner has clean
antecedent and due to admitted land dispute, the present
occurrence has taken place and there is case and counter case
and the co-accused persons have been granted privilege of
anticipatory bail by this Court, 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 Chief Judicial Magistrate, Banka in
connection with Bandhua Kurawa P.S. Case No. 77 of 2023,
with 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 her absence on two consecutive dates without sufficient
reason, his/her 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)
Ranjeet/-
U T
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