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Patna High Court

Suraj Kumar Mandal @ Suraj KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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The court granted anticipatory bail to petitioners 1, 2, 3 and 5, while dismissing the application of petitioner 4 as withdrawn.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specific overt act was alleged against petitioners 1, 2, 3 and 5, the overt act allegation being directed only at the withdrawn petitioner.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1, 2, 3 and 5, subject to conditions under Section 482(2) of the Bihar Negotiable Statutes, and dismissed the withdrawn application of petitioner 4.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
Patna High Court CR. MISC. No.5872 of 2026(3) dt.24-02-2026
                                            2/4




          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
Patna High Court CR. MISC. No.5872 of 2026(3) dt.24-02-2026
                                            3/4




          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
              Patna High Court CR. MISC. No.5872 of 2026(3) dt.24-02-2026
                                                           4/4




                        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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