Patna High Court
Sushil Mandal @ Sushil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
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
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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
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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
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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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