Patna High Court
Dharmendra Kumar Mandal @ Dharmendra MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Dharmendra Kumar Mandal and Geeta Devi, sought anticipatory bail fearing arrest in a case alleging offences under Sections 341, 323, 308, 354, 504 and 34 of the Indian Penal Code. The prosecution alleged that they, along with co‑accused, assaulted an informant with a lathi and a knife. The petitioners contended they were innocent, asserted that the allegations were vague and lacked any specific overt act, and highlighted their clean antecedent. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite allegations under the Indian Penal Code.
- Whether the allegations constitute a specific overt act sufficient to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 308, 323, 34, 341, 354, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73543 of 2025
Arising Out of PS. Case No.-77 Year-2024 Thana- PANDAUL District- Madhubani
======================================================
1. Dharmendra Kumar Mandal @ Dharmendra Mandal S/O Kalicharan Mandal
Residents of Village- Rajigram, P.S- Pandaul, District- Madhubani.
2. Geeta Devi W/O Kalicharan Mandal Residents of Village- Rajigram, P.S-
Pandaul, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 341, 323, 308, 354, 504,
34 of the Indian Penal Code.
3. As per prosecution case, petitioner no. 1 assaulted
on the head and neck of informant with lathi. It is further
alleged that these petitioners along with other co-accused
persons attacked informant on his head with knife.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault against petitioners is general and omnibus
Patna High Court CR. MISC. No.73543 of 2025(2) dt.05-02-2026
2/2
and there is no allegation of any specific overt act against them.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts and circumstances
of the case, 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 Chief Judicial Magistrate,
Madhubani in connection with Pandaul P. S. Case No. 77 of
2024, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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