Patna High Court
Arvind Mandal @ Arvind Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 118(2)
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
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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
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(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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