Patna High Court
Chandan Kumar Mandal @ Chandan MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The petitioner is entitled to bail under Section 482(2) of the B.N.S.S., 2023, subject to bond and conditions.
Summary
Chandan Kumar Mandal applied for bail in a case arising from a land dispute where he is alleged to have assaulted the husband of an informant, causing a head injury. The petition contended that the injury was simple, that he had no criminal antecedents, and that other accused had already been released on bail. The State opposed the bail, arguing the seriousness of the charges under multiple sections of the B.N.S.S., 2023. The Court examined whether the alleged hurt qualified as simple injury and whether the petitioner’s lack of prior convictions warranted bail. Relying on Section 482(2) of the B.N.S.S., 2023, the Court granted bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding concealment of antecedents or false statements, and directed the lower court to cancel bail if such facts emerged.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 126(2), 115(2), 303(2), 109(1), 351(2), 352 and 3(5) of the B.N.S.S., 2023.
- Whether the alleged injury constitutes simple hurt, thereby rendering the offence bailable and excluding application of IPC Section 307.
- Whether the absence of prior criminal antecedents and the bail status of co‑accused affect the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- land dispute
- assault
- simple hurt
- Section 482
- B.N.S.S. 2023
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4491 of 2026
Arising Out of PS. Case No.-347 Year-2024 Thana- SONO District- Jamui
======================================================
Chandan Kumar Mandal @ Chandan Mandal Son of Sato @ Satyanarayan
Mandal, Resident of Village- Sono, P.S.- Sono, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Devika Rani, Advocate
For the State : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Sono P.S. Case No. 347 of 2024, dated
15.10.2024, registered for the offences punishable under
Sections 126(2), 115(2), 303(2), 109(1), 351(2), 352 and 3(5) of
BNS, 2023.
3. As per allegation, on account of land dispute, the
accused persons including the petitioner assaulted the husband
and son of the informant. Specific allegation against the
petitioner is that he has assaulted the husband of the informant,
namely, Neman Mandal by tangi on his head leading to fracture.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.4491 of 2026(2) dt.04-02-2026
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case. She further submits that all the accused, except the
petitioner, have been enlarged on bail by the District Court
itself. She further submits that the injury allegedly caused by the
petitioner against the alleged victim is simple in nature and
hence, Section 307 of the Indian Penal Code is not applicable
and the offence become bailable in nature.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court below, in connection with Sono P.S.
Case No. 347 of 2024, subject to the conditions as laid down
Patna High Court CR. MISC. No.4491 of 2026(2) dt.04-02-2026
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under Section 482 (2) of the B.N.S.S., 2023, and on the
following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
9. If the statement of the petitioner regarding injury
caused to Neman Mandal is simple in nature, is found to be
false, the informant will have liberty to get the bail bond
cancelled.
(Jitendra Kumar, J.)
ravishankar/-
U T
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