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Patna High Court

Arvind Mandal @ Arvind Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner, subject to monetary surety and compliance conditions.

Summary

Arvind Mandal was arrested in connection with a case where a minor’s left hand was amputated while operating a straw‑cutting machine, and he was charged under Sections 109, 118(1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Mandal induced the minor to operate the machine and then fled the scene. The petitioner contended that he was falsely implicated, that there was an eleven‑day delay in filing the FIR, that he tried to prevent the accident, and that he has no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The Court, considering the delay, lack of incriminating material in the petitioner’s possession, his clean record and the period already spent in custody, decided to grant bail subject to monetary and surety conditions and attendance requirements. Accordingly, the petitioner was released on bail with stipulated conditions.

Issues considered

  • Whether bail should be granted to the accused under Sections 109, 118(1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 considering the nature of the offence and the circumstances of the case.
  • Whether the eleven‑day delay in lodging the FIR and the alleged lack of incriminating material in the petitioner’s possession justify granting bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • bail
  • criminal law
  • Bharatiya Nyaya Sanhita
  • Section 109
  • Section 118
  • delay in FIR
  • minor victim
  • straw‑cutting machine

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7218 of 2026
                     Arising Out of PS. Case No.-253 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
                 Arvind Mandal @ Arvind Kumar Mandal Son of Late Ram Prasad Mandal
                 R/o Village - Rasidpur, P.S. - Pirpainti, District - Bhagalpur.
                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ankit Raj, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Pirpainti P.S. Case No. 253 of 2025, instituted for the offences

                   punishable under Sections 109, 118(1) and 118(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that the petitioner

                   induced the informant’s minor son to operate a straw-cutting

                   machine during which his left hand was amputated below the

                   wrist and the petitioner fled away from the place of occurrence.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case and

                   cognizance has also been taken by the learned Court below. No
Patna High Court CR. MISC. No.7218 of 2026(2) dt.19-02-2026
                                            2/3




          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that there is delay of eleven days in lodging the

          FIR. It is next submitted that the petitioner tried to stop the

          victim from doing the same but, he did not listen to the

          petitioner and on his own will he started putting the straw due

          to which his left hand was amputated below the wrist. It is

          further submitted that the allegation levelled against the

          petitioner is general and omnibus in nature. The petitioner is in

          custody since 16.09.2025 and has got no criminal antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Pirpainti P.S. Case No. 253 of 2025,

          subject to the following conditions:
             Patna High Court CR. MISC. No.7218 of 2026(2) dt.19-02-2026
                                                         3/3




                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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