Patna High Court

Sunil MandalversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL REJECTED
Bench: CHANDRA SHEKHAR JHA

Holding

Anticipatory bail was denied as the allegation of fatal assault against the petitioner was found to be viable.

Summary

The petitioner, Sunil Mandal, was named in an FIR for a violent incident arising from a land dispute, wherein he and co‑accused allegedly assaulted the informant’s father‑in‑law, causing his death, and damaged property worth Rs 50,000. The petitioner sought anticipatory bail, arguing that the clash was a free fight between aggrieved parties, that a charge‑sheet had already been filed, and that he has a clean antecedent. The State’s Additional Public Prosecutor opposed the bail, contending that the fatal assault allegation squarely falls on the petitioner. The court examined the factual submissions and the seriousness of the charges under the Bhartiya Nyaya Sanhita, 2023. Finding that the allegation of fatal assault is available against the petitioner, the court rejected the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the allegation of fatal assault
Whether the facts constitute a free fight that would justify bail under the Bhartiya Nyaya Sanhita, 2023

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 189(2), 324(4), 351(2), 352

Subjects

anticipatory bail
fatal assault
land dispute
Bhartiya Nyaya Sanhita
criminal procedure
charge sheet
property damage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8624 of 2026
                      Arising Out of PS. Case No.-297 Year-2024 Thana- MANIHARI District- Katihar
                 ======================================================
                 Sunil Mandal, S/o Sukhu Mandal, Resident of Village-Baghmara, P.S.-
                 Manihari, District-Katihar                           ... ... Petitioner
                                             Versus
                 The State of Bihar                            ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the

                   FIR and apprehending his arrest in connection with

                   Manihari P.S. Case No.297 of 2024 registered for the

                   offences punishable under Sections 189(2), 115(2),

                   126(2), 324(4), 109, 352 and 351(2) of the Bhartiya

                   Nyaya Sanhita, 2023 (for short ‘B.N.S.’).

                                3. As per FIR, nine named accused persons

                   including the petitioner came to the courtyard of

                   informant and started to abuse the informant and

                   family members, which upon objection, co-accused

                   persons damaged the property of informant worth of

                   Rs.50,000/- and the petitioner assaulted on the head

                   of father-in-law of the informant due to which, he

                   died in Bhagalpur Hospital during treatment.
          Patna High Court CR. MISC. No.8624 of 2026(2) dt.06-02-2026
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                                 4.    It   is    submitted             by   learned   counsel

                    appearing for the petitioner that the occurrence was

                    free fight in nature, as both parties are angates. It is

                    submitted that the occurrence took place in the

                    background of land dispute and for same set of

                    occurrence, the petitioner’s’ side also lodged a case,

                    which was registered as Manihari P.S. Case No.298 of

                    2024.       While concluding argument, it is submitted

                    that investigation of this case is already completed,

                    for which, charge-sheet has been submitted and, as

                    such, there is no chance of tampering with the

                    evidence and moreover petitioner is a man of clean

                    antecedent.

                                 5. Learned APP while opposing the prayer of

                    bail submitted that the specific allegation causing

                    fatal assault is available against this petitioner.

                                 6. In view of aforesaid factual submissions

                    as the allegation of fatal assault appears available

                    against this petitioner, accordingly, the prayer for

                    grant of anticipatory bail of petitioner is hereby

                    rejected.


                                                            (Chandra Shekhar Jha, J.)
    Sanjeet/-
U     T
Patna High Court CR. MISC. No.8624 of 2026(2) dt.06-02-2026
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