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Patna High Court

Jitendra MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the prosecution failed to establish a prima facie case against him.

Summary

The petitioner, Jitendra Mandal, sought bail fearing arrest in a criminal case (PS No.68 of 2025) that alleged his involvement in an assault under multiple sections of the Bharatiya Nyaya Sanhita. The prosecution claimed he assaulted the victim with a Gadasa, but the medical report indicated injuries caused by a hard, blunt object, and the court noted that the actual assailant was identified as Kundan Kumar, who used an iron rod. Given the lack of corroborative evidence linking the petitioner to the assault, the court found no substantive ground to deny bail. Consequently, the bail application was allowed, directing the petitioner to be released upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the BNS and Section 438(2) of the CrPC. The order also stipulated that the bail be executed within six weeks of the judgment.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious charges under the Bharatiya Nyaya Sanhita.
  • Whether the evidence on record sufficiently links the petitioner to the alleged assault.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • evidence
  • assault
  • Section 482
  • Section 438
  • preliminary hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82458 of 2025
                   Arising Out of PS. Case No.-68 Year-2025 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 Jitendra Mandal S/o Late Amrit Mandal R/o Village - Alamnagar, Harihar
                 Tola, Ward No. 21, P.S - Alamnagar, District - Madhepura

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

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

5   13-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Alamnagar P.S. Case No. 68 of 2025 instituted under

                   Sections 126(2), 115(2), 118(1), 117(2), 324(4), 303(2), 352,

                   351(2) and 3(5) of the Bharatiya Nyaya Sanhita to which later

                   on 109(1) of the BNS was added.

                                3. As per the prosecution case, the petitioner is

                   accused of assaulting the victim with a Gadasa.

                                4. However, The injury sustained by the victim is

                   from hard and blunt substance. The allegation against the

                   petitioner is not supported by the injury report. It is Kundan

                   Kumar who has assaulted with iron rod and not the petitioner.

                                5. Considering the aforesaid facts, this application is
           Patna High Court CR. MISC. No.82458 of 2025(5) dt.13-03-2026
                                                       2/2




                     allowed.

                                  6. Accordingly, in the event of arrest or surrender

                     before the Court below within six weeks from today, the

                     petitioner, above named, be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Class, Udakishunganj, District-Madhepura in

                     connection with Alamnagar P.S. Case No. 68 of 2025, subject to

                     the conditions laid down in Section 482 of the BNSS/ 438(2) of

                     the Code of Criminal Procedure, 1973.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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