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Patna High Court

Vikash MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied to petitioner no.1 (Vikash Mandal) and granted to petitioner no.2 (Lakshman Mandal) subject to bail bond and conditions.

Summary

The petitioners, Vikash Mandal and Lakshman Mandal, applied for anticipatory bail in connection with FIR No. 177/2025 alleging assault with an iron rod and a sword. The petitioners argued that the injuries to the complainant, Chander Mandal, were minor, that Vikash had been acquitted in two prior cases and Lakshman had no criminal antecedent, and that the allegations were false. The State opposed bail, emphasizing the seriousness of the offences, the presence of a vital‑part injury, and the complainant’s economic hardship. The Court rejected anticipatory bail for Vikash Mandal, finding the injury report and seriousness of the charge sufficient to deny relief. Conversely, the Court granted anticipatory bail to Lakshman Mandal, noting the lack of injury attributable to the alleged sword and imposing a bail bond of Rs.20,000 with two sureties and conditions under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to Vikash Mandal given the nature of the alleged assault and injury report.
  • Whether anticipatory bail should be granted to Lakshman Mandal in view of the absence of injury attributable to the alleged weapon.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • weapon offence
  • injury report
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4532 of 2026
                     Arising Out of PS. Case No.-177 Year-2025 Thana- DHARHARA District- Munger
                 ======================================================
           1.     Vikash Mandal Son of Jateshwar Mandal R/o Village-Itawa, P.S. - Dharhara,
                  Dist. - Munger.
           2.    Lakshman Mandal @ Rahul Kumar @ Rahul Raj @ Lakshman Kumar Son
                 of Munnilal Mandal R/o Village - Raghunathpur, P.S. - Dharhara, Dist. -
                 Munger.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Isha Mishra, Adv.
                 For the Opposite Party/s :      Mr.Pradeep Narain Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                    Heard Ms. Isha Mishra, learned counsel for the

                   petitioners and Mr. Pradeep Narain Kumar, learned APP for the

                   State.

                                2. The petitioners apprehend their arrest in connection
                   with Dharhara P.S. Case No. 177/ 2025 registered for the
                   offence(s) punishable under Section(s) 126(2), 115(2), 118(1),
                   117(2), 74, 109, 352, 351(2) and 3(5) of the BNS and section 27
                   of the Arms Act.
                                3. Learned counsel for the petitioners submits that
                   both the petitioners are alleged to have assaulted Chander
                   Mandal by means of iron rod and sword but only two injuries,
                   being in the nature of tenderness and lacerated wound, were
                   found on his body and the same were opined to be simple in
                   nature and the manner of assault as well as the weapons as
                   alleged in the FIR does not get corroboration from the medical
Patna High Court CR. MISC. No.4532 of 2026(2) dt.24-02-2026
                                            2/3




          opinion, against the petitioner no.1, there were two criminal
          cases but he has been acquitted in both the said cases and the
          petitioner no.2 bears no criminal antecedent, so, at present
          against both the petitioners, there is no criminal antecedent. It is
          further submitted that in actual, on the alleged date of
          occurrence, the father of the petitioner no.1 was sitting at the
          door of his house when the husband of the informant, who is
          accused in several cases, started abusing him and thereafter,
          petitioner no.1 called the police after dialling 112 and when the
          police arrived, the informant’s husband, Chander Mandal, fled
          away and thereafter, he and his son, Chotu Kumar, came to the
          door of the petitioner no.1 and abused him and also assaulted
          him and thereafter, in defence, the present FIR has been
          registered. It is lastly submitted that petitioner no.2 is son-in-law
          of brother of petitioner no.1 and has been falsely roped in the
          alleged occurrence.
                       4. Learned APP appearing for the State has opposed
          the bail prayer of the petitioners and submits that on the person
          of the injured, Chander Mandal, two injuries were found, out of
          which one was on a vital part and further, the informant on
          account of her poor economic condition could not get her
          husband properly treated at a medical centre.
                       5. Considering the seriousness of the allegation
          appearing against the petitioner no.1, which is getting support
          from the injury report of the informant’s husband, this court is
          not inclined to release the petitioner no.1 on anticipatory bail.
          Accordingly, his prayer stands rejected.
                       6. So far as petitioner no.2 is concerned, no

          corresponding injury attributable to the alleged weapon of
            Patna High Court CR. MISC. No.4532 of 2026(2) dt.24-02-2026
                                                        3/3




                      sword was found on the body of the informant’s husband though

                      he is alleged to have assaulted him by the said means, so,

                      considering this aspect, this court is inclined to grant relief of

                      anticipatory bail to the petitioner no.2. Accordingly, let the

                      petitioner      no.2,     named-above,         in   the   event   of   his

                      arrest/surrender before the learned court below within a period

                      of six weeks from today, be released on anticipatory bail in

                      connection with Dharhara P.S. Case No. 177/ 2025 on

                      furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the Court concerned, subject to the conditions as laid down

                      under Section 482(2) of the BNSS.



                                                (Shailendra Singh, J)
BKS/-

U       T


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