Patna High Court
Anil MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners, subject to a bond and conditions under Section 482(2) of the BNS, 2023.
Summary
The petitioners, Anil Mandal, Jay Nandan Mandal and Ravi Mandal, sought anticipatory bail fearing arrest in connection with FIR No. 258 of 2025 filed under multiple sections of the Bhartiya Nyaya Sanhita, 2023. They contended that the allegations were vague, that a parallel case (258) existed alongside a counter‑case (257) concerning the same incident, and that they were innocent. The petitioners highlighted that two of them had clean records, while the first petitioner had a pending case but was on bail, and that some co‑accused had already been granted anticipatory bail by the same court. The State opposed the bail, asserting the petitioners’ involvement in the assault. The Court, after considering the circumstances, granted anticipatory bail to all three petitioners, subject to a bond of Rs.30,000 each and conditions under Section 482(2) of the BNS, 2023. The order directs that the bail be effective if arrest or surrender occurs within four weeks from the date of the order.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bhartiya Nyaya Sanhita, 2023 in view of the FIR and the alleged offences.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 2(1)(d), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- assault
- FIR
- bail bond
- parallel cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38050 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- ALAMNAGAR District- Madhepura
======================================================
1. Anil Mandal S/o Nakshatra Mandal R/o Village - Navgachhiya Basa, Ward
No. 19, P.S. - Alamnagar, Dist. - Madhepura.
2. Jay Nandan Mandal @ Jay Nandan Kumar S/o Sikandar Mandal @
Sikanndar Mandal R/o Village - Navgachhiya Basa, Ward No. 19, P.S. -
Alamnagar, Dist. - Madhepura.
3. Ravi Mandal @ Ravi Kumar S/o Sikandar Mandal @ Sikanndar Mandal R/o
Village - Navgachhiya Basa, Ward No. 19, P.S. - Alamnagar, Dist. -
Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akshansh Shanker, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Alamnagar P.S. Case No. 258 of 2025, dated
11.08.2025, lodged under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(1), 109(1), 352, 351(2) of the Bhartiya Nyaya
Sanhita, 2023 (hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, FIR has been lodged against
16 named accused persons including the present petitioners with
an allegation that all the accused persons, in connivance with
each other, assaulted the informant and his father due to which
they sustained injuries.
Patna High Court CR. MISC. No.38050 of 2026(2) dt.17-06-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. It is
further submitted that there is an absolutely general and
omnibus allegation made against the petitioners. It is further
submitted that for the same date and place of occurrence, a case
and counter-case have been lodged between the parties. The
petitioners’ side has filed Alamnagar P.S. Case No. 257 of 2025,
while the informant’s side has lodged Alamnagar P.S. Case No.
258 of 2025. Counsel also submits that the criminal antecedents
of the petitioner Nos. 2 and 3 are clean. However, the criminal
antecedent of the petitioner No. 1 is not clean, as there is one
criminal case pending against him, in which he is currently on
bail. It is further submitted that some of the co-accused persons
has already been granted anticipatory bail by a co-ordinate
Bench of this Hon’ble Court vide order dated 17.02.2026,
passed in Cr. Misc. No. 8296 of 2026. Additionally, counsel
submits that the petitioners are willing to comply with any
conditions that may be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that the petitioners are
involved in the assault.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.38050 of 2026(2) dt.17-06-2026
3/3
present case, let the above-named petitioners be released on
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) each as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of J.M. 1st Class, Udakishunganj, Madhepura, in
connection with Alamnagar P.S. Case No. 258 of 2025, subject
to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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