Patna High Court
Mangalanand MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
In the absence of specific allegations against the petitioners and with the husband already in custody, bail was granted subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, father‑in‑law and mother‑in‑law of a deceased woman, sought bail fearing arrest in a murder case (Pothia PS Case No. 49 of 2025) alleging they administered poison. The prosecution alleged their involvement under Sections 80 and 3(5) of the B.N.S. The petitioners argued that the allegations were general, they had no criminal antecedent, and the deceased's husband was already in judicial custody. The State opposed bail. The court noted the lack of any specific allegation of an overt act against the petitioners and the fact that the husband was already detained, and therefore granted bail on condition of a bond and sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail can be granted to the petitioners under Section 482(2) of the B.N.S.S. in the absence of specific allegations of an overt act.
- Whether the general omnibus allegations and the husband's existing custody justify denial of bail.
Legislation cited
Subjects
- bail
- murder
- poison
- Section 80
- Section 3(5)
- Section 482(2)
- general allegations
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6856 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- Pothia District- Katihar
======================================================
1. Mangalanand Mandal S/O Late Kailoo Mandal R/O Vill.- Bhangaha, P.S.-
Pothia, Dist.- Katihar
2. Karuna Devi W/O Mangalanand Mandal R/O Vill.- Bhangaha, P.S.- Pothia,
Dist.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harish Chandra Patel, Adv.
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Pothia P.S. Case No. 49 of 2025 dated
13.06.2025 registered for the offence punishable under Sections
80, 3(5) of the B.N.S.
3. As per prosecution case, the allegation against the
accused persons including the petitioners is of being involved in
committing murder of the deceased by administering her poison.
4. Learned counsel for the petitioners submits that the
petitioners are father-in-law and mother-in-law of the deceased
and the allegations leveled against them are general and
Patna High Court CR. MISC. No.6856 of 2026(2) dt.04-02-2026
2/2
omnibus in nature. It is next submitted that the husband of the
deceased is already in judicial custody and the petitioners bear
no criminal antecedent.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and taking
into account that there is no specific allegation of any overt act
against the petitioners as also the fact that the husband of the
deceased is already in judicial custody, let the above named
petitioners, 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 Judicial
Magistrate 1st Class, Katihar in connection with Pothia P.S. Case
No. 49 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
Checking your session…