Patna High Court
Mantosh MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Mantosh Mandal and Annu Mandal (also known as Ashutosh Kumar Mandal) were arrested in connection with the disappearance and death of a neighbour's son, alleged to have been lured for fishing and later found drowned. The prosecution charged them under Sections 140(3), 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, while the petitioners claimed they were falsely implicated and that no material linked them to the incident. They highlighted the post‑mortem finding of asphyxia due to ante‑mortem drowning and their clean criminal record. The court, after hearing counsel, found the lack of direct evidence and the petitioners' antecedent‑free status sufficient to grant bail, imposing a bond of Rs.10,000 each with two sureties and several conditions regarding attendance and verification of antecedents. The order also clarified that any observations made would not affect the trial.
Issues considered
- Whether the petitioners are entitled to bail despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the prosecution has produced sufficient material to justify continued detention.
- Whether the petitioners' lack of criminal antecedent warrants bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 140(3), 238, 3(5)
Subjects
- bail
- Bharatiya Nyaya Sanhita
- false implication
- criminal antecedent
- drowning death
- sections 140(3) 103(1) 238 3(5)
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84532 of 2025
Arising out of PS. Case No.-266 Year-2025 Thana- NATHNAGAR District- Bhagalpur
======================================================
1. Mantosh Mandal S/o Chandra Deep Mandal R/o Village- Bariya, P.S.- Nath-
nagar, District Bhagalpur.
2. Annu Mandal @ Ashutosh Kumar Mandal S/o Chandra Deep Mandal R/o
Village- Bariya, P.S.- Nathnagar, District Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s: Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the state.
2. The petitioners seek bail in a case instituted for the
offences under Sections 140(3) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and later on charge-sheet was submitted under
Sections 140(3), 103(1), 238 and 3(5) of BNS. They have no
criminal antecedent.
3. As per the prosecution case, the informant has al-
leged that the named accused persons, who were neigbour came
to the house of informant and asked his son to go for fishing. It
is further alleged that when the informant's son did not return
and on inquiry they replied that they don't know where his son
Patna High Court CR. MISC. No.84532 of 2025(2) dt.05-01-2026
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had gone. It is also alleged that the informant's son was of un-
sound mind for which the treatment was being done and since
there was flood there was problem in searching.
4. Learned counsel for the petitioners submit that the
petitioners have falsely been implicated in this case and from
bare perusal of the FIR it would be evident that there is no alle-
gation against the petitioners of any overt act rather not even
any suspicion raised against the petitioners. It is further submit-
ted that from perusal of the impugned order it would be evident
from the post-mortem that the cause of death was found to be
asphyxia and shock due to ante-mortem drowning. It is also
submitted that there is no material during the course of investi-
gation which would connect the petitioners to the aforesaid inci-
dent. It is lastly submitted that the petitioners have no criminal
antecedent and they are in custody since 01.09.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid submissions of learned
counsel and taking into account the fact that the petitioners are
in custody since 01.09.2025, the petitioners above named, are
directed to be released on bail on furnishing bail-bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
Patna High Court CR. MISC. No.84532 of 2025(2) dt.05-01-2026
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like amount each to the satisfaction of Ms. Sadaf Mustafa,
learned Judicial Magistrate, 1st Class-cum-A.M. VI/Court con-
cerned, Bhagalpur in connection with Nathnagar P.S. Case No.
266 of 2025, subject to the the following conditions:-
(i) One of the bailors will be a
close relative of the petitioners.
(ii) The petitioners will remain
present on each and every date fixed by the
Court below, if so required by the learned Trial
Court.
(iii) In case of absence on two con-
secutive dates or in violation of the terms of the
bail, the bail bond of the petitioners will be li-
able to be canceled by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
of the petitioners and in case at any stage it is
found that the petitioners have concealed their
criminal antecedents, the court below shall take
step for cancellation of bail bond of the petition-
ers. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
Patna High Court CR. MISC. No.84532 of 2025(2) dt.05-01-2026
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delayed for purpose of the same 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.
(Sourendra Pandey, J)
Vikash/-
U T
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