Patna High Court
Suraj Kumar Mandal @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to petitioners 1, 2, 3 and 5, while dismissing the application of petitioner 4 as withdrawn.
Summary
The petitioners, five brothers, feared arrest in a case (Kotwali P.S. Case No. 108 of 2025) alleging offences under Sections 126(2), 115(2), 303(2), 74 and 3(5) of the Bihar Negotiable Statutes, 2023, stemming from an alleged assault on a shopkeeper and her relatives. The FIR described a group armed with weapons assaulting the informant and snatching a purse. The petitioners applied for anticipatory bail; however, they sought to withdraw the application of petitioner No.4 (Akash Kumar Mandal). The court noted that no specific overt act was alleged against petitioners 1, 2, 3 and 5, the overt act allegation being directed only at the withdrawn petitioner. Consequently, the court granted anticipatory bail to petitioners 1, 2, 3 and 5, subject to conditions under Section 482(2) of the Bihar Negotiable Statutes, and dismissed the withdrawn application of petitioner 4.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1, 2, 3 and 5 in the absence of a specific allegation of an overt act against them.
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- assault
- withdrawal of petition
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5872 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- BHAGALPUR KOTWALI District-
Bhagalpur
======================================================
1. Suraj Kumar Mandal @ Suraj Kumar Son of Babu Lal Mandal R/o Village -
Ambai, Gaytree Colony, Bypass, P.S. - Jagdishpur, Dist. - Bhagalpur.
2. Vikash Kumar Mandal @ Bikash Kumar Son of Babu Lal Mandal R/o
Village - Ambai, Gaytree Colony, Bypass, P.S. - Jagdishpur, Dist. -
Bhagalpur.
3. Chand Kumar Mandal @ Chandan Kumar @ Chandu Kumar Mandal Son of
Babu Lal Mandal R/o Village - Ambai, Gaytree Colony, Bypass, P.S. -
Jagdishpur, Dist. - Bhagalpur.
4. Akash Kumar Mandal @ Akash Kumar Son of Babu Lal Mandal R/o Village
- Ambai, Gaytree Colony, Bypass, P.S. - Jagdishpur, Dist. - Bhagalpur.
5. Sourabh Kumar Mandal @ Sourabh Kumar Son of Bino Mandal @
Bindeswari Mahaldar R/o Village - Sardarpur, P.S. - Nathnagar, Dist. -
Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Davendra Kumar Pandey, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Kotwali P.S. Case No. 108 of 2025 dated
08.09.2025 registered for the offence punishable under Sections
126(2), 115(2), 303(2), 74, 3(5) of the B.N.S., 2023.
3. As per prosecution case, the FIR named accused
persons, armed with weapons, came to the shop of the
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Informant, questioned her over selling articles at low prices and
thereafter assaulted her with fists, kicks and an iron rod, causing
injury near her ear. It is further alleged that when her uncle
Arjun Kumar Mandal, cousin Nilam Devi and aunt Putul Devi
intervened, they were also assaulted, resulting in injuries, and
the purse of Nilam Devi was snatched.
4. After some arguments, counsel for the petitioners seeks
permission of this Court to withdraw the instant anticipatory
bail petition of petitioner no.4 namely Aakash Kumar Mandal @
Akash Kumar.
5. Permission is accorded.
6. Accordingly, the instant anticipatory bail petition
stands dismissed as withdrawn as against the petitioner no.4,
above named, and now, the present anticipatory bail petition is
confined only to the petitioner nos. 1, 2, 3 & 5 respectively.
7. Learned counsel for the petitioners by referring to the
injury report submits that the nature of injury caused to the
injured does not support the allegation made in the F.I.R. It is
next submitted that the allegation leveled against the petitioners
are general and omnibus in nature while specific allegation of
overt act is against the petitioner no.4 whose anticipatory bail
petition has already been dismissed as withdrawn. It is next
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submitted that there is a case and counter case between the
parties as sister of the petitioner no.1 namely Raushani Kumari
has filed a case against the Informant being Complaint Case No.
1546 of 2025. It is further submitted that the injury caused to the
injured is simple in nature caused by hard and blunt object.
8. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
9. Having heard learned counsel for the parties and
considering the fact that there is no specific allegation of overt
act against the petitioners, while the specific allegation of overt
act is attributed to petitioner no. 4, whose anticipatory bail
application has already been dismissed as withdrawn, this Court
is inclined to grant the privilege of anticipatory bail to the
petitioner nos. 1, 2 3 & 5.
10. Accordingly, let the above named petitioner nos. 1, 2,
3 & 5, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of six
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 the learned Chief Judicial
Magistrate, Bhagalpur in connection with Kotwali P.S. Case No.
108 of 2025, subject to the conditions as laid down under
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Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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