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Patna High Court

Sanjit MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.8296 of 2026(2) dt.17-02-2026
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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
Patna High Court CR. MISC. No.8296 of 2026(2) dt.17-02-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.8296 of 2026(2) dt.17-02-2026
                                                        4/4




                                        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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