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Patna High Court

Hupa Mandal @ Huppa MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Hupa Mandal, feared arrest in a case registered under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita concerning the alleged murder of his mother-in-law. The FIR did not name him, but during investigation witnesses alleged a heated conversation between the petitioner and the deceased, leading to his implication. The petitioner, who has a clean record, applied for anticipatory bail, arguing lack of eyewitness evidence and his willingness to cooperate. The State opposed the bail, contending the allegations warranted detention. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, reserving the right to cancel the bail if the petitioner fails to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Bharatiya Nyaya Sanhita.
  • Whether the allegations in the FIR justify denial of anticipatory bail.
  • Whether Section 482(2) of the BNSS empowers the trial court to impose conditions and cancel bail for non‑cooperation.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 103
  • Section 61
  • Section 3
  • Section 482
  • bail conditions
  • investigation cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81111 of 2025
                      Arising Out of PS. Case No.-110 Year-2024 Thana- Amdanda District- Bhagalpur
                 ======================================================
                 Hupa Mandal @ Huppa Mandal S/o- Naresh Mandal Village - Surmaniya,
                 P.S.- Amdanda, Dist. - Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Davendra Kumar Pandey
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-02-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 103(1),

                   61(2), 3(5) of the Bharatiya Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant,

                   who is daughter of the deceased, alleges that her mother was

                   killed by the accused persons. It is next alleged that deceased

                   was living separately from Sunil along with her younger

                   daughter and her younger daughter had gone to see a fair and

                   when she returned at 12.30 P.M., she saw Rubi Devi and

                   Brajesh Mandal leaving the house, thus alleges that the accused

                   persons killed her mother with a view to usurp her property.
Patna High Court CR. MISC. No.81111 of 2025(2) dt.17-02-2026
                                            2/3




                   4.     Learned counsel for the petitioner submits that

          from perusal of the allegations as alleged in the FIR, it would

          manifest that petitioner is not named in the FIR and his name

          transpired during the course of investigation, when some

          witnesses disclosed that petitioner had a hot talk with the

          deceased on the issue of his mobile based on which he had

          threatened. It is next submitted that Rubi Devi, Brajesh Mandal

          and Sudami Devi had approached this Court seeking

          anticipatory bail by filing Cr. Misc No. 18987 of 2025 and the

          same came to be allowed by an order dated 15-5-2025. It is

          further submitted that Sunil Mandal, during subsistence of his

          first marriage, performed his second marriage with the deceased

          about more than 20 years back and out of the wedlock, the

          informant and another child, who presently is 9 Years of age,

          were born. It is also submitted that in the FIR the allegation is

          based on suspicion against the family members, but since during

          the course of investigation, it transpired that even petitioner had

          a hot talk with the deceased as such he came to be implicated

          when there is no eye-witness to the occurrence.          It is next

          submitted that petitioner will not abscond rather will co-operate

          in the investigation to prove his innocence.

                   5.     Learned A.P.P. for the State opposes the prayer for
              Patna High Court CR. MISC. No.81111 of 2025(2) dt.17-02-2026
                                                          3/3




                        anticipatory bail of the petitioner.

                                 6.     Considering the submissions made by the learned

                        counsel for the petitioner, the petitioner above-named, in the

                        event of his arrest or surrender within a period of six weeks

                        from today, be released on anticipatory bail on furnishing bail

                        bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Amdanda P.S. Case No.110/2024 subject to the conditions

                        as laid down under Section 482 (2) of the BNSS.

                                 7.     However, it is made clear that in the event, if the

                        Investigating Officer of the case files an application before the

                        learned trial court bringing to its notice that the petitioner,

                        despite giving assurance to this Court, is not cooperating in the

                        investigation, in that event, the learned trial court shall be at

                        liberty to cancel the bail bonds of the petitioner.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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