Patna High Court

Mangal Kumar Singh @ Mangal SinghversusThe State of Bihar

Decided: 11 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioners.

Summary

The petitioners, Mangal Kumar Singh and Tapashwinath Jha, were arrested in connection with a case under sections 103(1) and 3(5) of the B.N.S., alleging that they assaulted a thief who later died while receiving treatment. The prosecution alleged that the accused beat the thief after catching him stealing a cow, leading to multiple injuries caused by a hard blunt object. The petitioners contended they acted in private defence of property, had no criminal antecedents, and had been in judicial custody since 6 October 2025. The State opposed regular bail, arguing the seriousness of the offence. After hearing both sides, the court found that the petitioners’ claim of exceeding the right of private defence did not preclude bail and ordered their release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail can be granted to the accused in a case of alleged assault leading to death under sections 103(1) and 3(5) of the B.N.S.
Whether the claim of exceeding the right of private defence bars the grant of bail.

Legislation cited

B.N.S. — s. 103(1), 3(5)

Subjects

regular bail
private defence
assault
death in custody
criminal procedure
B.N.S. sections 103(1) and 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7324 of 2026
                    Arising Out of PS. Case No.-179 Year-2025 Thana- SANHAULA District- Bhagalpur
                 ======================================================
           1.     Mangal Kumar Singh @ Mangal Singh Son of Suman Kumar Singh @
                  Suman Singh Resident of Village- Tarar, P.S.- Sanhaula, District- Bhagalpur
           2.    Tapashwinath Jha Son of Neeraj Jha Resident of Village- Tarar, P.S.-
                 Sanhaula, District- Bhagalpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N.K. Agarwal, Sr.Advocate
                                                 Ms. Priyanka Singh, Advocate
                                                 Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :      Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   11-02-2026                     Heard learned counsel for the petitioners and

                   learned APP for the State.

                                 2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections

                   103(1) and 3(5) of B.N.S.

                                 3. The case of the prosecution is that one thief was

                   caught by the petitioners and others and he was assaulted by

                   them. Later on, he died during the course of his treatment.

                                 4. Learned counsel for the petitioners submits that

                   the petitioners are innocent and have committed no offence.

                   Learned counsel for the petitioners has submitted that from
Patna High Court CR. MISC. No.7324 of 2026(2) dt.11-02-2026
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          perusal of the FIR, it is clear that there is allegation that the

          petitioners along with others have assaulted the deceased. It

          has also been submitted that from perusal of the postmortem

          report, it will transpire that the deceased has multiple wounds

          and all the injuries were caused by hard and blunt object.

          Learned counsel has further submitted that as per the case of

          the prosecution the thief was being beaten by the petitioners

          and others as he was caught red handed stealing the cow of the

          petitioner, namely, Mangal Singh. He has also submitted that at

          most, it can be said that the petitioners and others have

          exceeded their right of private defence against the property. A

          statement has been made in para-3 of this petition that the

          petitioners have got no criminal antecedent. Moreover, they are

          languishing in judicial custody since 06.10.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court

          is inclined to enlarge the petitioners on bail. The above named

          petitioners are directed to be released on bail in connection

          with Sanhaula P.S. Case No. 179 of 2025 each on furnishing

          bail bond of Rs.10,000/- (ten thousand) with two sureties of
            Patna High Court CR. MISC. No.7324 of 2026(2) dt.11-02-2026
                                                        3/3




                      the like amount each to the satisfaction of learned J.M.F.C.,

                      Bhagalpur.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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