Patna High Court
Santosh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 111(2), 190, 191(2), 191(3)
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
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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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