Patna High Court

LALJEET MANDALversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners.

Summary

The petitioners, including Laljeet Mandal, sought anticipatory bail fearing arrest in a case alleging they assaulted the informant's son, resulting in death. The prosecution alleged that on 14 March 2025 the accused used iron rods, bricks and stones, invoking multiple sections of the Bharatiya Nyaya Sanhita, later adding Section 103(1). The petitioners contended that the post‑mortem report showed only a single injury, contradicting the prosecution's narrative, and that the specific assault charge pertained to co‑accused Bechan Mandal. They highlighted their clean antecedent and noted that similarly situated co‑accused had already been granted bail. The State opposed the bail application. The Court, considering the nature of the accusation, the clean antecedent and the lack of substantive evidence, granted anticipatory bail subject to a bail‑bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioners despite the serious nature of the charges under the Bharatiya Nyaya Sanhita.
Whether the post‑mortem report and the alleged misidentification of the accused negate the necessity of arrest.
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in this circumstance.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 75

Subjects

anticipatory bail
clean antecedent
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
post‑mortem report
assault
homicide
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73314 of 2025
                     Arising Out of PS. Case No.-158 Year-2025 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 LALJEET MANDAL S/O ASESAR MANDAL R/V - SAURIYA BARI,
                 (SUKLU TOLA), WARD NO 01, PS- BOKHRA, DIST- SITAMARHI

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushpendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   16-01-2026                     Heard learned counsel for the petitioners, informant
                   and the State.
                                2. Petitioners apprehend arrest in a case registered for
                   the offences punishable under Sections 126(2), 115(2), 118(1),
                   109, 75, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya
                   Sanhita. Section 103(1) BNS was added later on.
                                3. As per prosecution case, on 14.03.2025 at about 7
                   PM, all the F.I.R. named accused persons, including these
                   petitioners assaulted the son of informant with iron rod, bricks
                   and stones as a result of which he died during course of
                   treatment.
                                4. Learned counsel for the petitioners submits that as
                   per F.I.R., 14 named accused persons, including these
                   petitioners, assaulted the son of informant but as per post-
                   mortem report, only injury was found on the person of deceased
                   which itself falsifies the prosecution story. He further submits
                   that during course of investigation it has come that specific
                   accusation of assault is against co-accused Bechan Mandal.
            Patna High Court CR. MISC. No.73314 of 2025(3) dt.16-01-2026
                                                        2/2




                      Petitioners claim clean antecedent. Similarly situated co-
                      accused persons have already been granted bail by this Hon’ble
                      Court vide order dated 04.11.2025 in Cr. Misc. No. 58025 of
                      2025 .
                                   5. Learned A.P.P. for the State vehemently opposed
                      the bail application.
                                   6. Considering the nature of accusation and clean
                      antecedent, this anticipatory bail is allowed and it is ordered that
                      let the above named petitioners in the event of their
                      arrest/surrender before the court below within a period of eight
                      weeks from today, be enlarged on bail on furnishing bail-bond
                      of Rs. 10,000/- (ten thousand) each with two sureties of the like
                      amount each to the satisfaction of Sub-Divisional Judicial
                      Magistrate, Sitamarhi in connection with Nanpur (Bokhra) P. S.
                      Case No. 158 of 2025, subject to condition as laid down under
                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
                      2023.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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