Patna High Court

Ghutar Mandal @ Dhatan Mandal @ Dhutan MandalversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

Ghutar Mandal, a resident of Bhagalpur, was named in an FIR alleging multiple offences under the Bharatiya Nyaya Sanhita, including assault and theft. He contended that the allegations were false, arising from a neighbourly dispute over a passage, and that the FIR was a retaliatory measure. The petitioner sought anticipatory bail, arguing his clean antecedents and that the specific assault on the informant's husband was attributed to another accused, Bajrangi. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a cash bond, sureties, and conditions under Section 482(2) of the BNSS, should the petitioner be arrested or surrender within six weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances alleged
Whether the allegations against the petitioner constitute a false implication warranting bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74

Subjects

anticipatory bail
false implication
neighbor dispute
criminal procedure
Bharatiya Nyaya Sanhita
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85517 of 2025
                    Arising Out of PS. Case No.-26 Year-2025 Thana- INDUSTRIAL District- Bhagalpur
                 ======================================================
                 Ghutar Mandal @ Dhatan Mandal @ Dhutan Mandal S/O Bajrangi Mandal
                 Resident of Village- Meerchak Ward No. 1, Police Station- Industrial Area,
                 Distt.- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dr. Manoj Kumar
                 For the Opposite Party/s :       Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 74, 303(2),

                   110, 126(2), 115(2), 352, 351(2) and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that accused persons on 1-2-2025 at 7:30 pm, entered

                   her house and started throwing household articles, further

                   Subhash and petitioner pressed her neck and snatched her chain

                   and assaulted by fist and lathi and Bajrangi assaulted her

                   husband by lathi causing injury on nose and Chetan took 20 kg
Patna High Court CR. MISC. No.85517 of 2025(2) dt.13-01-2026
                                            2/3




          of wheat.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that petitioner and the informant

          are neighbours and are having dispute relating to passage on

          account of which an altercation took place in which both sides

          assaulted each other. It is further submitted that the specific

          allegation of assaulting the husband of the informant by lathi

          causing injury on nose is against Bajrangi, but then Bajrangi is

          not the petitioner in the instant anticipatory bail application. It is

          also submitted that allegation against the petitioner is that he

          along with Subhash pressed the neck of the informant and

          snatched her chain, but then the said allegation is ornamental. It

          is next submitted that from side of the petitioner also Industrial

          Area PS case No. 22 of 2025 has been instituted, as such the

          instant FIR is a counterblast.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on
              Patna High Court CR. MISC. No.85517 of 2025(2) dt.13-01-2026
                                                          3/3




                        anticipatory bail on furnishing bail bonds of Rs. 10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned trial court where the case

                        is pending/successor court in connection with Industrial Area

                        P.S. Case No. 26 of 2025, subject to the conditions as laid down

                        under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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