Patna High Court
Maheshwar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail is granted to the petitioners subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, Maheshwar Mandal and his wife Amira Devi, applied for pre‑arrest bail in a case arising from a land dispute that escalated into an assault, allegedly involving a bhala that caused head injuries to an informant and Shyam Mandal. The FIR charges them under multiple sections of the Bihar Penal Code and Section 27 of the Arms Act. The petitioners argued that the allegations against the wife were merely because of her marital relationship and that the injuries were either self‑defence or not conclusively proven, with the medical opinion on the injuries reserved. The State opposed bail, citing the seriousness of the offences. The Court, noting the existence of a case and counter‑case, the reserved medical opinion, and the possibility of self‑defence, granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Negotiable Sale (BNSS) Act, and directed verification of any prior criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite charges under multiple serious offences.
- Whether the alleged injuries and the claim of self‑defence create sufficient doubt to justify bail.
Legislation cited
- Arms Act — s. 27
- Bihar Penal Code (BNS) — s. 109, 115(2), 118(2), 190, 191(2), 191(3), 303(2), 324(5), 329(4), 76
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- land dispute
- assault
- self‑defence
- Section 438 Cr.P.C.
- Section 482 BNSS
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74758 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
1. Maheshwar Mandal S/o Rameshwar Mandal R/o Village- Dharmdiha, PS-
Phulparas, District- Madhubani
2. Amira Devi W/o Maheshwar Mandal R/o Village- Dharmdiha, PS-
Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate.
For the Opposite Party/s : Mr.Binod Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 18-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Phulparas P.S. Case No. 19 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 76,
115(2), 118(2), 109, 303(2), 329(4) and 324(5) of BNS and
Section 27 of the Arms Act.
3. As per the allegation made in the F.I.R., the
petitioners, along with other co-accused, with an intention to kill
assaulted the informant causing head injury. It is specifically
alleged that petitioner no.1 assaulted Shyam Mandal inflicting
injury on his head by means of bhala.
Patna High Court CR. MISC. No.74758 of 2025(4) dt.18-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioners submitted that the present case arises out of a land
dispute, giving rise to both a case and a counter case between
the parties. It is contended that a sudden and fierce altercation
took place, during which members of both sides sustained
injuries. It is further submitted that the allegation against
petitioner no. 2 is general and omnibus, and that she has been
falsely implicated solely on account of being the wife of
petitioner no. 1. The opinion of the doctor with regard to the
injuries sustained by the victim has been kept reserved.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., there is a case and counter case for the same
incidence, the doctor has opined the injury sustained by the
informant on occipital region and Shyam Mandal on his neck to
be lacerated wound and the nature of injury has been kept
reserved which creates doubt about sustaining injury by the
victims, prima facie, it appears that the petitioner no.1 in self
defence may have caused injury on the person of the informant
and Shyam Mandal, the petitioners, above named, are directed
Patna High Court CR. MISC. No.74758 of 2025(4) dt.18-04-2026
3/3
to be released on pre-arrest bail, in the event of their arrest or
surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned ACJM-II, Jhanjharpur, Madhubani in
connection with Phulparas P.S. Case No. 19 of 2025, subject to
the condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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