Patna High Court
Shankar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
Shankar Mandal and his wife Anita Devi applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 118(1), 351, 352 and 3(5) of the B.N.S., 2023. The dispute arose from a land disagreement between the petitioners and the informant, who are brothers, leading to an altercation on 24.03.2025 where the petitioners allegedly attacked the informant and his son with an axe, causing injuries, while the petitioner also sustained a head fracture. The petitioners argued they have clean antecedents and that the allegations are not specific. The State opposed the anticipatory bail. The Court, considering the mutual injuries, the petitioner's medical condition, and the lack of prior criminal record, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the alleged offences and the facts of the case
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351, 352
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- land dispute
- assault
- criminal procedure
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68412 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- Gidhaur District- Jamui
======================================================
1. Shankar Mandal S/o Late Dhobi Mandal R/o Village- Maholighadh, P.S.-
Gidhaur, District- Jamui
2. Anita Devi W/o Shankar Mandal R/o Village- Maholighadh, P.S.- Gidhaur,
District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Singh
For the Opposite Party/s : Mr. Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 17-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 118(1), 351, 352 and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.2
is a woman and the informant alleges that petitioners on
24.03.2025 at 10 A.M. came carrying axe and were going to cut
his bamboo, on objection they assaulted him by axe causing
injury on head, thereafter assaulted his son Mithilesh by axe
causing injury on head, further Abhimanyu came with rod and
Patna High Court CR. MISC. No.68412 of 2025(3) dt.17-03-2026
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started assaulting.
4. Learned counsel submits that petitioner no.1 and
informant are own brothers and are having dispute relating to
land, the informant claims that the land belongs to him on which
bamboo plant is standing, whereas the petitioner no.1 is
claiming the land to be his. It is further submitted that on
account of cutting bamboo tree, an altercation took place in
which both side assaulted each other. It is next submitted that
from side of the petitioners, Gidhaur P.S. Case No.54/2025 was
instituted against the informant and his side. It is fairly
submitted that no doubt the informant and his son Mithilesh
received injury and the opinion has been reserved but then
petitioner no.1 was inflicted injury on head leading to fracture
and is presently admitted in PMCH. It is further submitted that
petitioners are not criminals and even allegation of assault is not
specific.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners and also taking into consideration the
fact that petitioner no.1 is own brother of the informant and both
side have received injury and petitioner no.1 is admitted in
Patna High Court CR. MISC. No.68412 of 2025(3) dt.17-03-2026
3/3
PMCH as submitted, the petitioners above-named, in the event
of their arrest or surrender within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds
of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned trial court
where the case is pending/successor court in connection with
Gidhaur P.S. Case No.51 of 2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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