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Patna High Court

Umesh Kumar Mandal @ Umesh MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Umesh Kumar Mandal, applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 303(2), 351(2) and 3(5) of the B.N.S., 2023, stemming from an alleged assault and threat to demolish a house over a land dispute. He asserted a clean antecedent and claimed the informant’s allegations were false and the alleged injuries were minor. The State opposed the bail, arguing the seriousness of the offences. The Court, after hearing both sides, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.5,000 with two sureties of equal amount, subject to the conditions of Section 482(2) of the B.N.S.S. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the allegations in the FIR constitute a serious offence warranting denial of bail.
  • Whether the petitioner is likely to flee or tamper with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • land dispute
  • Section 482
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86107 of 2025
                    Arising Out of PS. Case No.-153 Year-2025 Thana- AAJAM NAGAR District- Katihar
                 ======================================================
                 Umesh Kumar Mandal @ Umesh Mandal Son of Dhiren Mandal Resident of
                 Village - Kharsota Ward No.- 02, P.S.- Azamnagar, District - Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 126(2), 115(2), 109,

                   303(2), 351(2) and 3(5) of B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 18.05.2025 at 08:00 p.m., the accused persons

                   including the petitioner came to her house and started abusing

                   and said to free the passage or else the same would be cleared

                   by demolishing her house, on objection, accused persons

                   assaulted her, her mother-in-law and husband.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the
               Patna High Court CR. MISC. No.86107 of 2025(2) dt.15-01-2026
                                                           2/2




                         informant. It is next submitted that from perusal of the

                         allegations, as alleged in the FIR, it would manifest that on

                         account of dispute relating to land, the occurrence is alleged to

                         have taken place. It is next submitted that even allegation of

                         assault is not specific and the injury suffered by the injured has

                         been opined to be simple in nature.

                                      5. Learned A.P.P. opposes the anticipatory bail

                         application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, let 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

                         anticipatory bail on furnishing bail bond of Rs.5,000/- (Rupees

                         Five 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 Azamnagar P.S.

                         Case No.153 of 2025, subject to the conditions as laid down

                         under Section 482(2) of B.N.S.S.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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