Patna High Court
Hupa Mandal @ Huppa MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 482(2), 61(2)
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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