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Patna High Court

Santosh Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioners subject to surrender within eight weeks and the stipulated bail bond and surety conditions.

Summary

The petitioners, four residents of Maranga, Purnea, sought bail after apprehending arrest in a case registered under Sections 191(2), 191(3), 190, 111(2) and 109 of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act. They contended that the FIR only alleged assault against co‑accused and that they were merely named as members of an unlawful assembly, with no specific overt act attributed to them, and they claimed a clean antecedent. The State opposed the bail application. The Court examined the nature of the allegations and, considering the lack of specific incriminating conduct against the petitioners, held that bail could be granted. It ordered that each petitioner surrender within eight weeks, furnish a bail bond of Rs 10,000 with two sureties of equal amount, and comply with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail order effectively disposed of the petition.

Issues considered

  • Whether bail should be granted to persons alleged only to be members of an unlawful assembly under the cited sections of the Bhartiya Nyaya Sanhita and the Arms Act.

Legislation cited

Subjects

  • bail
  • unlawful assembly
  • Arms Act
  • criminal procedure
  • presumption of innocence
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78739 of 2025
                         Arising Out of PS. Case No.-278 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
           1.     Santosh Kumar Mandal S/O Sri Chhote Lal Mandal Resident of Mohalla-
                  Basant Bihar Colony, Newalal Chowk, P.S.- Maranga, Dist.- Purnea
           2.    Rohit Singh @ Rohit Kumar S/O Sri Anil Singh Resident of Mohalla-
                 Basant Bihar Colony, Newalal Chowk, P.S.- Maranga, Dist.- Purnea
           3.    Aman Kumar @ Aman Sharma S/O Sri Suman Sharma @ Sohan Sharma
                 Resident of Mohalla- Basant Bihar Colony, Newalal Chowk, P.S.- Maranga,
                 Dist.- Purnea
           4.    Saurabh Singh @ Saurabh Kumar Singh S/O Sri Shankar Prasad Singh
                 Resident of Mohalla- Basant Bihar Colony, Newalal Chowk, P.S.- Maranga,
                 Dist.- Purnea

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Prasad Singh, Sr. Advocate with
                                                   Mr. Amit Kumar Anand, Mrs. Bharti Kumari, Mr.
                                                   Kumar Manglam, Mr. Lal Mani Sharma and Mr.
                                                   Hira Sharma, Advocates
                 For the Opposite Party/s :        Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 191(2), 191(3), 190,

                   111(2) & 109 of the Bhartiya Nyaya Sanhita and Section 27 of

                   the Arms Act.

                                 3. Learned counsel for the petitioners submits that

                   from bare perusal of F.I.R., it is apparent that specific accusation
           Patna High Court CR. MISC. No.78739 of 2025(2) dt.09-02-2026
                                                       2/2




                     of assault is against other co-accused persons. So far as these

                     petitioners are concerned, they are only alleged to be members

                     of the unlawful assembly. No specific overt act has alleged

                     against these petitioners. Petitioners claim clean antecedent.

                                  4. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  5. In the facts and circumstances of the case, let the

                     above named petitioners, in the event of their arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     learned C.J.M., Purnea in connection with Maranga P.S. Case

                     No. 278 of 2025, subject to condition as laid down under

                     Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                    (Prabhat Kumar Singh, J)
anay

U      T


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