Patna High Court

Niranjan MandalversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Niranjan Mandal, feared arrest in a case (PS Case No. 330 of 2025) alleging offences under multiple sections of the B.N.S., where the prosecution claimed he participated in assaulting an informant and her husband, resulting in the husband's death. The petitioner contended he was falsely implicated due to a land dispute and that the FIR only specifically accused co‑accused Kabir Mandal and Shankar Mandal of the homicide. He highlighted that the FIR contained a general, omnibus accusation against him, no specific overt act was alleged, and the post‑mortem report showed no external injuries on the deceased. The State opposed the petition for anticipatory bail. The Court, noting the general nature of the accusation, the petitioner’s clean antecedents, and the lack of concrete evidence, allowed the prayer for anticipatory bail, directing that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted when the accusation against the petitioner is general and lacks specific allegation of an overt act
Whether the petitioner’s clean antecedents and the post‑mortem findings justify the grant of anticipatory bail

Legislation cited

B.N.S. — s. 103(1), 109(1), 115(1), 118(1), 126(2), 303(2), 351(2), 352, 76
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
general accusation
clean antecedents
post mortem report
land dispute
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7844 of 2026
                     Arising Out of PS. Case No.-330 Year-2025 Thana- NARPATGANJ District- Araria
                 ======================================================
                 Niranjan Mandal S/O Baijnath Mandal R/o Vill.- Yogipur, P.s- Narpatganj,
                 District- Araria

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Mrigendra Kumar, Advocate
                 For the State           :        Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(1), 118(1), 109(1), 103(1), 76, 303(2), 352 and 351(2) of

                   the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner, along with other F.I.R. named accused persons,

                   assaulted informant and her husband due to which, husband of

                   informant died.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner has falsely been implicated in
Patna High Court CR. MISC. No.7844 of 2026(2) dt.20-02-2026
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          this case only because of admitted land dispute between the

          parties. From bare perusal of the F.I.R. it is apparent that

          specific accusation of strangulating husband of informant,

          resulting in his death, is against co-accused Kabir Mandal and

          Shankar Mandal. So far as this petitioner is concerned, there are

          general and omnibus nature of accusation and no specific

          accusation of overt act has been alleged against him. Moreover,

          as per post mortem report, no visible external injuries were

          found on the person of the deceased, which itself falsifies the

          entire prosecution case. Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioner, the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Chief Judicial Magistrate,
             Patna High Court CR. MISC. No.7844 of 2026(2) dt.20-02-2026
                                                         3/3




                       Araria in connection with Narpatganj P.S. Case No. 330 of

                       2025, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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