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Patna High Court

Janardhan Mandal @ Janardan MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Janardhan Mandal, applied for regular bail in a criminal miscellaneous case (No. 87462 of 2025) arising from PS case No. 318 of 2025, Banka. He was charged under Sections 126(2), 115(2), 109, 352 and 3(5) of the BNS for alleged assault and misbehaviour with the informant. The petitioner argued that the assault allegation was vague and the other charges were merely ornamental, emphasizing his clean antecedents and that he had been in custody since 13‑10‑2025. The State opposed the bail, contending the seriousness of the offences. After considering the facts, period of custody and other circumstances, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount to the Chief Judicial Magistrate, Banka.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under Sections 126(2), 115(2), 109, 352 and 3(5) of the BNS.

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 3(5), 352

Subjects

  • regular bail
  • criminal miscellaneous
  • assault
  • BNS
  • sections 126,115,109,352,3
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87462 of 2025
                        Arising Out of PS. Case No.-318 Year-2025 Thana- BANKA District- Banka
                 ======================================================
                 Janardhan Mandal @ Janardan Mandal Son of Mannu Mandal Resident of
                 Village- Belatikar, P.S. and District- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Balram Kapri
                 For the Opposite Party/s :       Mr.Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-01-2026                          Heard learned counsel for the petitioner and

                   learned A.P.P. for the State .

                                2. Petitioner seeks regular bail in case registered for

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

                   352 and 3 (5) of BNS.

                                3 . As per F.I.R. all the accused persons including this

                   petitioner committed maarpeet with the informant and also

                   misbehaved with her.

                                4. Learned counsel for the petitioner submitted that

                   allegation of assault is general and omnibus against this

                   petitioner. Rest of the allegations are ornamental in nature to

                   make the case grave . Petitioner claims clean antecedent and he

                   is in custody since 13.10.2025 . Chargesheet has already been

                   submitted.
            Patna High Court CR. MISC. No.87462 of 2025(2) dt.27-01-2026
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                                   5 . Learned A.P.P. for the State vehemently opposes

                      the bail application .

                                   6. Considering the aforesaid facts, period of custody

                      and other circumstances of the case , the bail application is

                      allowed. Let the above named petitioner be released on bail on

                      furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate Banka in connection with Banka P. S.

                      Case No. 318 of 2025 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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