Patna High Court
Prakash MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to bond and conditions.
Summary
Petitioner Prakash Mandal was arrested in connection with Sessions Trial No. 521 of 2025 for alleged assault and other offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that the petitioner, armed with a spade, assaulted the informant's husband and attempted to assault the informant herself. The petitioner contended that he was falsely implicated, that no specific overt act was alleged against him, and that he has no prior criminal record, having been in custody since 19‑05‑2025. The Court examined the nature of the allegations, the period of custody, and the lack of specific evidence linking the petitioner to the assault. Considering these factors, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed standard conditions, including appearance at trial dates and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023
- Whether the prosecution has established a specific overt act attributable to the petitioner
- Whether the petitioner poses a risk of flight or tampering with evidence or witnesses
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 127(2), 3(5), 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74629 of 2025
Arising Out of PS. Case No.-44 Year-2025 Thana- HASANGANJ District- Katihar
======================================================
Prakash Mandal S/O Jiwachh Mandal Resident of village- Mahmadiya, Ward
No. 14, P. S- Hasanganj, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate
For the Opposite Party/s : Mr. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 521 of 2025 arising out of Hasanganj P.S.
Case No. 44 of 2025 instituted for the offences under Sections
126(2), 127(2), 115(2), 118(1), 117(2), 74, 109, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the accused
persons including the petitioner allegedly came armed with
khanti and spade, caught hold of the informant’s husband and
pressed his neck, and it is alleged that the petitioner assaulted
him with a spade on the head. When the informant intervened,
she was pushed, and another co-accused allegedly attempted to
Patna High Court CR. MISC. No.74629 of 2025(3) dt.03-02-2026
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assault her. On alarm, villagers arrived and the injured was
taken to hospital.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submits that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. The only
specific allegation against the petitioner is that he assaulted on
the informant’s head with spade due to which he sustained
grievous injuries. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 19.05.2025 and
has no criminal antecedent.
5. Learned A.P.P. 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 as also 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 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 Sessions Trial No.
521 of 2025 arising out of Hasanganj P.S. Case No. 44 of 2025,
Patna High Court CR. MISC. No.74629 of 2025(3) dt.03-02-2026
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subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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