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Patna High Court

Brahmdeo Mandal @ Brahmdew MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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