Patna High Court
Saurav Kumar @ Saurav Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners are entitled to pre‑arrest bail as the allegations are not solely attributable to them and a prima‑facie case for bail exists.
Summary
The petitioners, Saurav Kumar and Niraj Kumar, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the Bihar Negotiable Statutes, 2023, alleging that they were involved in an assault on an informant and his family. The FIR primarily implicates a co‑accused, Khoka Mandal, while the petitioners face a general and omnibus allegation of assaulting the informant’s wife, which they claim was in self‑defence and that they themselves sustained injuries. The State opposed the bail, arguing the seriousness of the offences. The Court observed that there is a case‑and‑counter‑case, the direct allegation is against Khoka Mandal, and the petitioners are not solely attributable to the alleged assault, finding a prima‑facie case for bail. Consequently, the Court ordered the petitioners to be released on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNSS, and directed the District Court to verify any other criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite allegations of assault and intent to kill under the specified sections of the BNS, 2023.
- Whether the allegations against the petitioners are attributable to them alone or can be considered as self‑defence within a case‑and‑counter‑case scenario.
- Whether the conditions prescribed under Section 482(2) of the BNSS justify the grant of bail.
Subjects
- pre‑arrest bail
- assault
- self‑defence
- Section 126
- Section 115
- Section 118
- Section 109
- Section 352
- Section 351
- Section 3
- Section 482
- Bihar Criminal Law
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5487 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- Pothia District- Katihar
======================================================
1. Saurav Kumar @ Saurav Kumar Mandal Son of Khokha Mandal @
Rajendra Mandal V
2. Niraj Kumar Mandal @ Neeraj Kumar Mandal @ Niraj Kumar Son of
Khokha Mandal @ Rajendra Mandal
Both of Village Dira Chandpur, P.S.- Pothia, District - Katihar, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Apurv Harsh, Advocate
Mr.Manu Tripurari, Advocate
Mr.Hritik Anand, Advocate
Mr.Raghu Raj Pratap, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Apurv Harsh along with Mr. Manu
Tripurari, Mr. Hritik Anand and Mr. Raghu Raj Pratap, learned
counsels appearing on behalf of the petitioners and Mr. Sanjay
Kumar Singh, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Pothiya P.S.Case No.124 of 2025, registered for the
offence(s) punishable under Sections 126(2), 115(2), 118(1),
109, 352, 351(2) and 3(5) of BNS, 2023.
3. As per the allegation made in the FIR, all the
accused persons including the petitioners with an intention to
kill the informant and his other family members assaulted with
sword causing multiple injuries on their body.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.5487 of 2026(2) dt.17-02-2026
2/3
petitioners submitted that the direct allegation of assault on the
informant is against co-accused Khoka Mandal and the general
and omnibus allegation has been alleged against the petitioners
that they along with the other co-accused persons assaulted the
wife of the informant. Learned counsel further submitted that
the petitioners’ side have also sustained grievous injuries but
when they went to lodge the FIR, the police refused and they
lodged a complaint case before the learned Judicial Magistrate
having jurisdiction. The injuries have been brought on record
along with the present application. Learned counsel also
submitted that both the petitioners are student and they have no
criminal antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR, there is case and counter case between the parties and
both the parties have sustained injuries. Direct allegation of
assault is against Khoka Mandal and general and omnibus
allegation is against the petitioners, who allegedly along with
other co-accused persons including Khoa Mandal assaulted the
wife of the informant causing injuries, which may be in their
Patna High Court CR. MISC. No.5487 of 2026(2) dt.17-02-2026
3/3
self-defence without intention to kill her. The said allegation is
not attributable to the petitioners alone. I am of the opinion that
the petitioners have prima-facie made out a case to be released
on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
class, Katihar/concerned Court in connection with Pothiya
P.S.Case No.124 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
chn/-
U T
Checking your session…