Patna High Court
Arjun Kumar Mandal @ Arjun MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Arjun Kumar Mandal and his wife Pooja Devi, were accused of assault, robbery and other offences under several sections of the Bhartiya Nyaya Sanhita, 2023, arising from a land dispute with the informant. The informant alleged that the petitioners attacked her and her husband with an iron rod, causing serious head injuries, and that she was pregnant at the time, later delivering a dead child. The petitioners contended they were falsely implicated, the injuries were simple, and emphasized their familial relationship with the informant. The court, noting the admitted land dispute, the simple nature of the injuries, and the close relationship between the parties, decided to grant anticipatory bail. The bail was conditioned on furnishing a bond of Rs. 10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of offences under Sections 126(2), 115(2), 109, 303(2), 351(3), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the nature and severity of the alleged injuries and the informant's pregnancy affect the grant of bail.
- Whether the existence of an admitted land dispute and familial relationship between the parties justify anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(3), 352
Subjects
- anticipatory bail
- assault
- land dispute
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 482
- injury
- family relationship
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4003 of 2026
Arising Out of PS. Case No.-206 Year-2024 Thana- JHANJHARPUR District- Madhubani
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1. Arjun Kumar Mandal @ Arjun Mandal S/O Rajkumar Mandal R/o Vill.-
Godhanpur, P.S.- Jhanjharpur, District- Madhubani, Bihar
2. Pooja Devi @ Puja Devi W/O Arjun Kumar Mandal @ Arjun Mandal R/o
Vill.- Godhanpur, P.S.- Jhanjharpur, District- Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra
For the State : Mr.Sunil Kumar Pandey
For the informant : Mr. Pravashankar Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 21-04-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Jhanjharpur Police Station Case No. 206 of 2024, dated
14.12.2024, disclosing offences punishable under
Sections 126(2)/115(2)/109/303(2)/351(3)/352/3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 13.12.2024, the petitioners, along with others,
arrived at the house of the informant and assaulted her
and her husband. On 14.12.2024, again the petitioners,
along with others, came and started abusing the informant
Patna High Court CR. MISC. No.4003 of 2026(4) dt.21-04-2026
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and her husband, and upon protest, petitioner no. 1 and
co-accused Manoj Mandal, assaulted the informant and
her husband by iron rod, causing head injuries. The
accused persons also snatched gold Mangalsutra of the
informant and gold locket of the informant’s husband.
4. Learned Counsel for the petitioner submits that the
petitioners are innocent and have falsely been implicated
in this case due to admitted land dispute, which would be
evident from the First Information Report itself. He
further submits that the petitioner no. 1 is the own
brother-in-law (bhaisur) of the informant and the
petitioner no. 2 is the wife of petitioner no. 1. He further
submits that the injuries sustained by the victims are
simple in nature.
5. On the other hand, learned Counsel for the informant
vehemently opposes the prayer for bail and submits that
there is direct allegation of assault upon the petitioner no.
2, due to which the victims have sustained head injuries,
which is vital part of the body. He further submits that the
informant was pregnant on the date of occurrence and due
to the assault made by the petitioner no. 2 and others, she,
later on, gave birth to a dead child.
Patna High Court CR. MISC. No.4003 of 2026(4) dt.21-04-2026
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6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
both the parties are closely related, there is admitted land
dispute between the parties and the victims have sustained
simple injuries, I am inclined to grant the petitioners
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class,
Jhanjharpur, Madhubani, in connection with Jhanjharpur
Police Station Case No. 206 of 2024, subject to the
condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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