Patna High Court
Jitendra MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 324(4), 3(5), 351(2), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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