Patna High Court
Nandu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions, as the allegations did not warrant denial of bail.
Summary
The petitioners, Nandu Mandal and Shambhu Mandal, were implicated in a FIR alleging assault, robbery and other offences arising from a land dispute and a pending partition suit. They contended that they have clean antecedents and were falsely implicated, noting that the co‑accused Shashikant Kumar had already been granted anticipatory bail. The prosecution opposed bail, arguing the seriousness of the offences and the injuries to the informant. The Court examined whether the allegations were sufficient to deny anticipatory bail under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. Finding no compelling reason to refuse bail, the Court granted anticipatory bail to both petitioners subject to strict conditions, including cooperation with the trial and no tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 BNS in view of the allegations of assault and robbery.
- Whether the existence of a land dispute and pending partition suit justifies denial of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 110, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 74
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- section 438 CrPC
- section 482 BNS
- assault
- robbery
- land dispute
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48472 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
1. Nandu Mandal S/o- Late Rajendra Mandal Resident of Village- Bandihuli,
P.S.- Baheri, Dist- Darbhanga
2. Shambhu Mandal S/o- Late Rajendra Mandal Resident of Village-
Bandihuli, P.S.- Baheri, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 07-01-2026 Heard Mr. Ashok Kumar Jha, learned counsel for
the petitioners and Mr. Nawal Kishore Prasad, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Baheri P.S. Case No. 46 of 2025, F.I.R. dated
13.02.2025 for the offences punishable under Sections 126(2),
115(2), 118(1), 110, 74, 352, 351(2), 3(5) of the Bharatiya Nyay
Sanhita, 2023 and later on Section 109 of BNS has been added.
3. According to prosecution case, the informant
alleged that when he was constructing his house, then the
petitioners along with other co-accused persons came there and
assaulted the him and when the family members of the
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informant came to save, the accused persons assaulted them
also. It is further alleged that the accused persons looted some
materials from the house causing damage of Rs.5,00,000/-.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. It appears from the FIR itself that
due to admitted land dispute the present occurrence has taken
place and one partition suit no.328 of 2024 is pending between
the parties and apart from that specific allegation is attributed
against co-accused person, namely, Shashikant Kumar that he
assaulted the informant. He further submits that there is specific
allegation against petitioner no.2 that he has also assaulted to
the informant but the informant received only one injury where
the doctor has opined the following:-
1. A lacerated wound of size 3cmx2cmx1cm over left
forehead region of head.
2. Abrasion of size 1cmx1cm over bilateral knee.
3. Swelling of size 1cmx1cmx1cm over right wrist
5. Learned counsel for the petitioner further submits
that co-accused person, namely, Shashikant Kumar @
Shashikant Kumar @ Shashikant Mandal against whom there is
specific allegation has also been granted the privilege of
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anticipatory bail by the co-ordinate Bench of this Court vide
order dated 09.07.2025 in Cr. Misc. No.39539 of 2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
7. Considering the aforesaid facts and circumstances,
let the petitioners, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned A.C.J.M.-VII, Darbhanga in connection with Baheri P.S.
Case No. 46 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and
with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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