Patna High Court
Sita Ram MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to a bond, sureties and conditions, including verification of criminal antecedents and cancellation if concealment is discovered.
Summary
The petitioners, Sita Ram Mandal and Pinku Mandal, were arrested on 13‑11‑2025 in connection with a violent incident that involved assault with a sword, injuries to the informant’s husband and sister‑in‑law, and theft of jewellery, attracting charges under several IPC sections. They had earlier obtained anticipatory bail on 31‑07‑2024, which was later modified and the modification was dismissed, yet they remained in custody. The prosecution alleged that the petitioners concealed their criminal antecedents, noting four other cases (two acquitted, two pending). The petitioners argued that a communication gap prevented the correct antecedents from being recorded in the earlier bail order. The court examined the merits and, despite the alleged concealment, granted bail on the condition of a Rs 10,000 bond with two sureties and strict compliance requirements, including verification of antecedents. The order also stipulated cancellation of bail for non‑appearance, tampering with evidence or witnesses, or discovery of concealed criminal history.
Issues considered
- Whether bail should be granted to the petitioners despite alleged concealment of their criminal antecedents.
- Whether the earlier anticipatory bail order can be modified or cancelled in view of the new circumstances.
- Whether the court may grant bail subject to verification of antecedents and specific conditions.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 354, 379, 384, 504, 506
Subjects
- bail
- anticipatory bail
- concealment of antecedents
- Indian Penal Code
- Criminal Procedure
- conditions of bail
- verification of criminal history
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6669 of 2026
Arising Out of PS. Case No.-4 Year-2024 Thana- PRANPUR District- Katihar
======================================================
1. Sita Ram Mandal S/o Late Santlal Mandal R/o Marocha, PS- Pranpur, Distt-
Katihar
2. Pinku Mandal @ Pintu Mandal @ Pintu Kumar S/o Sita Ram Mandal R/o
Marocha, PS- Pranpur, Distt- Katihar
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr Anil Kumar, A.P.P.
For the Informant : Mr. Bhola Prasad, Advocate
: Mr. Indrajeet Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. Petitioners seek bail who is in custody since
13.11.2025 in connection with Pranpur P.S. Case No. 04 of 2024
for the offences punishable under Sections 341, 323, 307,
354(B), 384, 379, 504, 506 and 34 of IPC.
3. That the prosecution case, in brief, is that on
04.01.2024 when the husband of the informant was talking with
his sister at the door, all the named accused persons came there
and started to assault, one Pintu Kumar assaulted to her husband
Dipak Kumar by the sword on his head for which he got injured,
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one Lalit Mandal @ Lalit Kumar assaulted to her sister in law
Archana Devi on head by the Farsa due to which she sustained
injury. It is next alleged that Puja Kumari and Kiran Devi
snatched ear ring of Rs. 60,000/- from her sister in law.
4. Learned counsel for the petitioners submits that
earlier the petitioners have been granted anticipatory bail vide
order dated 31.07.2024 passed in Cr. Misc. No. 35475 of 2024.
Thereafter, the petitioners moved before the Court for
modifying the order dated 31.07.2024 but the same was
dismissed by order dated 18.07.2025. Learned counsel for the
petitioners submits that the learned court below has accepted the
bail bonds of the petitioners on 24.08.2024, thereafter,
petitioners have been taken in custody on 13.11.2025. Learned
counsel for the petitioners submits that due to communication
gap, the correct criminal antecedents of the petitioners have not
been furnished in Cr. Misc. No. 35475 of 2024 and the
petitioners are in custody since 13.11.2025.
5. The learned Additional Public Prosecutor for the
State and learned counsel for the informant have vehemently
opposed the prayer for bail of the petitioners and submit that it
appears from the aforesaid that petitioners have concealed their
criminal antecedents and petitioners have antecedent of four
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cases other than the present case but fairly submit that out of
four cases, petitioners have been acquitted in two cases and two
cases are pending for consideration before the Court of
competent law.
6. Considering the aforesaid facts and circumstances ,
let the petitioners, above named, 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 Court of CJM, Katihar in connection with Pranpur P.S.
Case No. 04 of 2024, subject to the 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 canceled 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
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
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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)
Gaurav Sinha/-
U T
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