Patna High Court
Sanjit MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, three brothers named Sanjit, Uday and Anand Mandal, sought anticipatory bail fearing arrest in a police case (No.258/2025) alleging assault and related offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners participated in an assault on an informant, his father, and caused injuries to others. The petitioners contended they were falsely implicated in a petty dispute, that there was no specific allegation of an overt act against them, and highlighted their limited criminal antecedents. The State opposed bail, arguing the petitioners were involved in multiple assaults. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and ordered a bail bond of Rs.10,000 with sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the alleged assault charges.
- Whether the allegations under the Bharatiya Nyaya Sanhita, 2023, constitute sufficient ground to deny bail.
- Applicability of Section 438(2) CrPC and Section 482(2) B.N.S.S. in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 B.N.S.S.
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8296 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- ALAMNAGAR District- Madhepura
======================================================
1. Sanjit Mandal S/o Late Bhola Mandal R/o Village - Navgachhiya Basa,
Ward no. 19, P.S - Alamnagar, District - Madhepura
2. Uday Mandal @ Uday Kumar Mandal S/o Late Bhola Mandal R/o Village -
Navgachhiya Basa, Ward no. 19, P.S - Alamnagar, District - Madhepura
3. Anand Mandal @ Anand Kumar @ Dharam Kumar S/o Ghanshyam Mandal
R/o Village - Navgachhiya Basa, Ward no. 19, P.S - Alamnagar, District -
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyadarshi Pankaj Raj Anand, Adv.
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Alamnagar P.S. Case No. 258 of 2025
registered for the offence(s) under Section(s) 191(2), 191(3),
190, 126(2), 115(2), 118(1), 109(1), 352 and 351(2) of the
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Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the petitioners and
others are alleged to have assaulted the informant as well as his
father and causing injuries to other persons also.
4. The learned counsel for the petitioners submits that
the petitioners have falsely been implicated in a case which had
started for a very petty matter. It has been submitted that it was
the informant’s father who had initially slapped the nephew of
one Ghanshyam Mandal and upon which an altercation took
place and the incident was reported. It has further been
submitted that for the same incident, there is case and counter
case lodged by the parties and even the injuries have not been
discussed in the impugned order, however, it appears that two
persons are said to have been injured. It has next been
submitted that there is no specific allegation of overt act against
the petitioners. It has lastly been submitted that petitioner No. 3
has got no criminal antecedent, whereas petitioner Nos. 1 and 2
carry one case and three case respectively against their names.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners and has submitted that the petitioners have been
involved in assault of many persons, wherein two persons have
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been injured.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the concerned Court/successor Court where
the case is pending in connection with Alamnagar P.S. Case No.
258 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) If the petitioners, in future, is found to be
involved in similar nature of offence(s), the prosecution
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shall be at liberty to move for cancellation of their bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that he has concealed their criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of their bail bond. However, the acceptance of bail bond
in terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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