Patna High Court
Umesh Kumar Mandal @ Umesh MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2)
- B.N.S.S. — s. 482(2)
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
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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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