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Patna High Court

Saurav Kumar @ Saurav Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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