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Patna High Court

Sachin Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U      T


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