Patna High Court
Fantosh Mandal @ Fantush Kumar Mandal @ Fantus KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima facie basis, no overt act is attributable to the petitioners and, with the investigation completed, bail should be granted subject to the stipulated conditions.
Summary
The petitioners, three residents of Baghmara, sought bail in a case (Manihari P.S. Case No.297 of 2024) involving offences under several sections of the Bhartiya Nyaya Sanhita, 2023. The FIR alleged that nine accused, including the petitioners, attacked an informant’s family, damaged property worth Rs.50,000 and that a co‑accused, Sunil Mandal, caused a fatal head injury. The petitioners contended that the incident was a free fight arising from a land dispute, that no overt act could be linked to them, and that the investigation was complete with a charge‑sheet already filed. The Additional Public Prosecutor opposed bail. The court, finding no prima facie overt act against the petitioners and noting the completed investigation, ordered their release on bail with a bond of Rs.10,000 each, subject to conditions under CrPC Section 437(3) and BNSS Section 480(3).
Issues considered
- Whether bail should be granted to the petitioners accused under the Bhartiya Nyaya Sanhita when no overt act is attributed to them.
- Whether the completion of investigation and filing of a charge‑sheet influences the grant of bail.
- Whether the provisions of CrPC Section 437(3) and BNSS Section 480(3) are applicable for imposing bail conditions.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 189(2), 324(4), 351(2), 352
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- land dispute
- assault
- property damage
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73763 of 2025
Arising Out of PS. Case No.-297 Year-2024 Thana- MANIHARI District- Katihar
======================================================
1. Fantosh Mandal @ Fantush Kumar Mandal @ Fantus Kumar, S/o Anandi
Mandal,
2. Mishtu Kumar Mandal @ Mistu Kumar Mandal, S/o Naresh Mandal
3. Suman Kumar Mandal, S/o Late Rabbo Mandal,
All are resident of Village- Baghmara, Police Station-Manihari, District-
Katihar
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The accused/petitioners seeks bail in connection
with Manihari P.S. Case No.297 of 2024 registered for the
offences punishable under Sections 189(2), 115(2), 126(2),
324(4), 109, 352 and 351(2) of the Bhartiya Nyaya Sanhita,
2023 (for short ‘B.N.S.’).
3. All three accused/petitioners are named in the FIR
and are in custody since 22.04.2025 and 01.01.2025
respectively.
4. As per FIR, nine named accused persons including
the petitioners came to the courtyard of informant and started
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to abuse the informant and family members, which upon
objection, co-accused persons damaged the property of
informant worth of Rs.50,000/- and co-accused Sunil Mandal
assaulted on the head of father-in-law of the informant due to
which, he died in Bhagalpur Hospital during treatment.
5. It is submitted by learned counsel appearing for
the petitioners that the occurrence was free fight in nature, as
both parties are angates. It is submitted that the occurrence
took place in the background of land dispute and for same set of
occurrence, the petitioners’ side also lodged a case, which was
registered as Manihari P.S. Case No.298 of 2024. It is
submitted that as per FIR, no overt act appears attributed to
this petitioner rather allegation of fatal assault is available
against co-accused Sunil Mandal. While concluding argument, it
is submitted that investigation of this case is already completed,
for which, charge-sheet has been submitted and, as such, there
is no chance of tampering with the evidence and moreover
petitioner is a man of clean antecedent.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions as prima
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facie no overt act attributed against petitioners during the
occurrence, where allegation of fatal assault appears available
against co-accused Sunil Mandal, coupled with the fact that
investigation of this case is already completed, where petitioner
No.1 remains in custody since 22.04.2025 and petitioner no.2
remain in custody since 01.01.2025, accordingly, the
petitioners, above-named, are directed to be released on bail
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Katihar in
connection with Manihari P.S. Case No.297 of 2024, subject to
the conditions as laid down under Section 437(3) of the Code of
Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of
the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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