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Patna High Court

Shyam MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to be released on bail with appropriate bond and sureties, subject to conditions.

Summary

The petitioners, Shyam Mandal and Lalita Devi, who are the mother‑in‑law and father‑in‑law of a deceased individual, were granted anticipatory bail by the Patna High Court on 28‑11‑2025. However, the order was not communicated to the investigating authorities and the petitioners were subsequently arrested. They filed a petition seeking release on bail, contending that they have no involvement in the day‑to‑day affairs of the deceased couple. The State opposed the bail application. The Court examined whether the earlier anticipatory bail order should be enforced and whether the petitioners merit regular bail. It ordered their release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to cooperation with the trial.

Issues considered

  • Whether the anticipatory bail order dated 28‑11‑2025 should be implemented despite lack of communication to the investigating authorities
  • Whether the petitioners are entitled to regular bail in view of the circumstances of their arrest

Subjects

  • anticipatory bail
  • regular bail
  • Criminal Procedure Code
  • High Court
  • release on bail
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.4675 of 2026
                      Arising Out of PS. Case No.-186 Year-2024 Thana- CHAUSA District- Madhepura
                 ======================================================
           1.     Shyam Mandal S/o Late Gore Mandal R/o Village - Tirasi Chausa, Ward No.
                  15, P.S - Chausa, District - Madhepura
           2.    Lalita Devi W/o Shyam Mandal R/o Village - Tirasi Chausa, Ward No. 15,
                 P.S - Chausa, District - Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Uday Chand Prasad, Adv.
                                                  Mr.Manoj Kumar, Adv.
                                                  Ms.Pooja Prasad, Adv.
                 For the State            :       Mr.Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   16-02-2026                          Heard the learned counsel for the petitioner as

                   well as the learned APP for the State.

                                  2. Earlier, the petitioners were granted anticipatory

                   bail by this Court vide order dated 28.11.2025 in Cr. Misc. No.

                   29757 of 2025.

                                  3. Learned counsel for the petitioners has submitted

                   that the order was not communicated to the investigating

                   authorities and the petitioners were arrested. The petitioners are

                   mother-in-law and father-in-law of the deceased, having no

                   concern with day-to-day affairs of the couple.

                                  4. On the other hand, the learned APP for the State has
           Patna High Court CR. MISC. No.4675 of 2026(2) dt.16-02-2026
                                                       2/2




                     opposed the prayer for bail.

                                  5. Considering the above-mentioned facts and

                     circumstances, let the petitioners above-named be released on

                     bail on furnishing bail bonds of Rs.10,000/- each with two

                     sureties of the like amount each to the satisfaction of learned

                     S.D.J.M., Udakishunganj, Madhepura in connection with

                     Chausa P.S. Case No. 186 of 2024, subject to the condition that

                     the petitioner shall cooperate in the disposal of trial and make

                     himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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