Patna High Court

Devan Mandal @ Devana MandalversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Devan Mandal, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118(1), 109, 103(1) and 3(5) of the B.N.S. for allegedly assaulting the son of an informant, resulting in death. The prosecution’s FIR implicated several accused, but the petitioner’s counsel argued that the specific assault allegation was directed at co‑accused Rupesh Kumar and Vakil Sharma, and the post‑mortem report showed only a single injury caused by a sharp‑edged weapon attributed to Rupesh Kumar. The counsel further highlighted that co‑accused Vakil Sharma had already been granted anticipatory bail and that the petitioner had a clean antecedent record. The State’s assistant public prosecutor opposed the bail application. Considering the lack of direct evidence against the petitioner, the general nature of the accusations, and his clean record, the court allowed the prayer for anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the evidence and allegations.

Legislation cited

B.N.S. — s. 103, 109, 115, 118, 126, 3
B.N.S.S. — s. 482

Subjects

anticipatory bail
criminal procedure
Section 482
B.N.S.
post‑mortem report
clean antecedents
false allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81282 of 2025
                      Arising Out of PS. Case No.-252 Year-2025 Thana- BHARGAMA District- Araria
                 ======================================================
                 Devan Mandal @ Devana Mandal S/O Jhaksu Mandal R/O Vill.- Aadirampur,
                 Ward no. 06, P.S.- Bhargama, Dist.- Araria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ramesh Kumar Singh, Advocate
                 For the State           :        Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   15-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 118(1), 109, 103(1) and 3(5) of the B.N.S..

                                3. As per prosecution case, all the F.I.R. named

                   accused persons, including this petitioner, assaulted son of

                   informant with lathi, danda and iron rod as a result of which, he

                   died on the spot.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. From bare perusal of the F.I.R. it is

                   apparent that specific allegation for assaulting the son of the

                   informant is against co-accused Rupesh Kumar @ Rupa Kumar
Patna High Court CR. MISC. No.81282 of 2025(3) dt.15-01-2026
                                            2/3




          and Wakil Sharma by means of Farsa and iron rod. In the post

          mortem report, only one injury was found on the person of the

          deceased caused by sharp edged weapon which is attributed to

          co-accused Rupesh Kumar and no other injury was found on the

          person of the deceased. Thus, allegations levelled against this

          petitioner stand contradicted and falsified by the post mortem

          report. Moreover, co-accused Vakil Kumar has already been

          granted privilege of anticipatory bail by this Hon’ble Court vide

          order dated 09.12.2025 passed in Cr. Misc. No. 85128 of 2025.

          Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Judicial Magistrate- 1 st Class,
             Patna High Court CR. MISC. No.81282 of 2025(3) dt.15-01-2026
                                                         3/3




                       Araria in connection with Bhargama P.S. Case No. 252 of 2025,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

Continue reading with your account

Checking your session…