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Patna High Court

Sushil Mandal @ Sushil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners.

Summary

Four petitioners from Belari village sought anticipatory bail after an FIR was lodged alleging multiple offences under the Bharatiya Nyaya Sanhita, including assault with an iron rod and other violent acts against the informant Sudama Devi and her family. The prosecution alleged that petitioners 1 and 4 assaulted the informant’s son, petitioner 2 assaulted the daughter‑in‑law, and the group tore the clothes of the granddaughter and daughter‑in‑law. The petitioners contended they were innocent, claiming the incident stemmed from a land dispute and that the injuries were minor; they also highlighted clean antecedents except for petitioner 2’s prior criminal record. The State opposed the bail application. The court, considering the nature of the accusations and the circumstances, granted anticipatory bail, directing that if arrested within eight weeks the petitioners must furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences under the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • assault
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82742 of 2025
                        Arising Out of PS. Case No.-16 Year-2025 Thana- Beladi District- Madhepura
                 ======================================================
           1.     Sushil Mandal @ Sushil Kumar Son of Harinandan Mandal @ Hari Mandal
                  R/O village - Belari, Ward No. - 9, P.S. - Belari, District-Madhepura
           2.    Anil Kumar @ Anil Mandal Son of Hari Nandan Mandal @ Hari Mandal
                 R/O village - Belari, Ward No. - 9, P.S. - Belari, District-Madhepura
           3.    Chandan Kumar @ Chandan Mandal Son of Raghunandan Mandal R/O
                 village - Belari, Ward No. - 9, P.S. - Belari, District-Madhepura
           4.    Kundan Mandal @ Kundan Kumar Son of Raghunandan Mandal R/O
                 village - Belari, Ward No. - 9, P.S. - Belari, District-Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Uday Chand Prasad, Adv.
                                                   Mr. Manoj Kumar, Adv.
                                                   Mr. Pooja Prasad, Adv.
                 For the Opposite Party/s :        Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                   Heard learned counsel for the petitioners and the State

                                 2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   109(1), 76, 303(2), 352, 351(2) read with Section 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                 3. As per the prosecution case, the informant namely,

                   Sudama Devi alleges that these petitioners along with other co-

                   accused        persons assaulted her. It is further alleged that

                   petitioner no.1 and the petitioner no.4 assaulted the informant’s
Patna High Court CR. MISC. No.82742 of 2025(2) dt.05-01-2026
                                            2/3




          son on his head with iron rod, petitioner no.2 assaulted

          daughter-in-law of the informant. It is lastly alleged that accused

          persons tore the clothes of grand-daughter and daughter-in-law

          of informant.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence as

          alleged. It is further submitted that due to land dispute between

          the parties, an altercation took place in which both sides

          sustained injuries. Case and counter case. Allegation of assault

          is general and omnibus against these petitioners. Injuries

          sustained by the injured are simple in nature. Petitioner nos. 1, 3

          and 4 claims clean antecedent and petitioner no. 2 has got one

          criminal antecedent.

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

          the bail application.

                       6. Considering the backdrop of the case, nature of

          accusation and other circumstances of the case, this anticipatory

          bail is allowed and it is ordered that let the above named

          petitioners in the event of their arrest/surrender before the court

          below within a period of eight weeks from today, be enlarged on

          bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each

          with two sureties of the like amount each to the satisfaction of
           Patna High Court CR. MISC. No.82742 of 2025(2) dt.05-01-2026
                                                       3/3




                     learned A.C.J.M.-III, Madhepura in connection with Belari P. S.

                     Case No. 16 of 2025, subject to condition as laid down under

                     Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                     2023.

                                  7. The application stands allowed.



                                           (Prabhat Kumar Singh, J)
shivam/-

U      T


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