Patna High Court
Biran Mandal @ Viran MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted due to the gravity of the offences under Sections 452 and 302/34 IPC.
Summary
Biran Mandal was arrested in connection with a case registered under Sections 452, 302/34 of the Indian Penal Code for allegedly assaulting a victim who later died from head injuries. The petitioner applied for regular bail, claiming he was falsely implicated, has no prior criminal record, and has been in custody since 07-04-2025, undertaking to cooperate with the trial. The State, represented by the Additional Public Prosecutor, opposed bail on the ground of the seriousness of the alleged assault and resulting death. After hearing both sides, the Court considered the gravity of the offences and was not persuaded by the bail plea. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 452 and 302/34 IPC given the seriousness of the alleged crime.
- Whether the petitioner’s claim of false implication and lack of criminal antecedents warrants the grant of bail.
Legislation cited
- Indian Penal Code — s. 302, 34, 452
Subjects
- bail
- Indian Penal Code
- Section 452
- Section 302
- Section 34
- assault
- murder
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78633 of 2025
Arising Out of PS. Case No.-16 Year-2024 Thana- SABAUR District- Bhagalpur
======================================================
Biran Mandal @ Viran Mandal S/o Late Nakul Mandal Resident of Village-
Mamalkha, P.S.- Sabour, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Sabout
P.S. Case No. 16/2024 registered for the offences punishable
under Sections 452, 302/34 of I.P.C.
3. As per the prosecution case, petitioner is accused of
assaulting the victim.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 07.04.2025. The petitioner undertakes to
co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that there is direct
Patna High Court CR. MISC. No.78633 of 2025(5) dt.19-03-2026
2/2
allegation against the petitioner that he assaulted the victim due
to which he sustained head injury and died.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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