Patna High Court
Brahmdeo Mandal @ Brahmdew MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since no overt act is attributed to the petitioners and the investigation is complete, bail is granted.
Summary
The petitioners, Brahmdeo Mandal and Rintu Mandal, were arrested in connection with a violent incident arising from a land dispute, wherein a group of nine accused damaged property and a co-accused allegedly caused the death of the informant's father‑in‑law. The FIR charges the petitioners under several sections of the Bhartiya Nyaya Sanhita, 2023, but the petitioners contend they did not partake in the fatal assault and were merely involved in a free fight. They have been in custody since 1 May 2025 and seek bail, arguing that the investigation is complete, no overt act is attributable to them, and they have a clean antecedent. The State opposed bail. The court, noting the lack of direct involvement, the completed investigation, and the petitioners' clean record, ordered their release on bail with a bond of Rs 10,000 each and two sureties, subject to conditions under CrPC 437(3) and BNSS 480(3).
Issues considered
- What is the prima facie case against the petitioners under the B.N.S. charges?
- Whether the petitioners are entitled to bail given the nature of the offences and the completed investigation?
- Whether the petitioners have any overt act attributable to them in the incident?
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
- property damage
- assault
- homicide
- investigation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78621 of 2025
Arising Out of PS. Case No.-297 Year-2024 Thana- MANIHARI District- Katihar
======================================================
1. Brahmdeo Mandal @ Brahmdew Mandal S/o Late Kheran Mandal @ Khiran
Mandal
2. Rintu Mandal @ Rintu Mudal, S/o Brahmdeo Mandal @ Brahmdew Mandal
Both are resident of Village/Mohalla-Baghmara (Baghamara), P.S.-
Manihari, District- Katihar
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, 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. Both accused/petitioners are named in the FIR and
are in custody since 01.05.2025.
4. As per FIR, nine named accused persons including
the petitioners came to the courtyard of informant and started
to abuse the informant and family members, which upon
Patna High Court CR. MISC. No.78621 of 2025(2) dt.06-02-2026
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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. 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 petitioners
are men 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
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
Patna High Court CR. MISC. No.78621 of 2025(2) dt.06-02-2026
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investigation of this case is already completed, where petitioners
remain in custody since 01.05.2025, 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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