Patna High Court
Sachin Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petition for anticipatory bail, subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioner, Sachin Kumar Mandal, applied for anticipatory bail after learning that he might be arrested in a case (Madhubani Nagar P.S. Case No. 41 of 2023) alleging offences under Sections 419 and 420 of the Indian Penal Code. The prosecution alleged that another individual, Aklesh Kumar, had impersonated the petitioner in an intermediate examination, leading to the charges. The petitioner’s counsel argued that he was unaware of the impersonation, had no prior criminal record, and that the alleged offence under Section 419 was bailable, making incarceration unnecessary. The State’s Additional Public Prosecutor opposed the bail, contending that the allegations warranted detention. Considering the facts, the court granted anticipatory bail, subject to a bail bond of Rs 10,000, two sureties of equal amount, and conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita. The order allows the petitioner to remain free pending trial, provided he complies with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged cheating under Sections 419 and 420 IPC.
- Whether the nature of the alleged offences justifies denial of bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 419, 420
Subjects
- anticipatory bail
- cheating
- IPC
- Section 419
- Section 420
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34758 of 2026
Arising Out of PS. Case No.-41 Year-2023 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Sachin Kumar Mandal S/O Binod Kumar Mandal @ Binod Mandal R/o
Village - Amhi, P.S- Ghoghardiha, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Bhushan Prasad, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Madhubani Nagar P.S. Case No. 41 of 2023, registered for the
offences punishable under Sections 419 and 420 of the IPC.
3. As per the prosecution case, one Aklesh Kumar was
found sitting in place of the petitioner in the Intermediate
examination.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in this case.
Learned counsel for the petitioner has submitted that the petitioner
was not aware of the circumstances under which the said Aklesh
Kumar was appearing in the Intermediate examination. Learned
counsel for the petitioner has further submitted that at best a case
Patna High Court CR. MISC. No. 34758 of 2026(2) dt.20-05-2026
2/2
under Section 419 of the I.P.C is made out which is bailable in
nature. It has further been submitted that no purpose would be served
by sending the petitioner to jail as he has been made accused and his
whole life would be jeopardized. The petitioner also reserves his
right to prove his case by way of defence during the trial. It has lastly
been submitted that petitioner has got no criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as well as the nature of allegation against the petitioner, let
the above named petitioner, in the event of his arrest/surrender within
a period of six weeks from today, be enlarged on anticipatory bail on
furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Madhubani concerned in connection with
Madhubani Nagar P.S. Case No. 41 of 2023, subject to the conditions
as laid down under Section 482(2) of the Bharitya Nagrik Suraksha
Sanhita (B.N.S.S.).
7. This application stands allowed.
(Praveen Kumar, J)
vashudha/-
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