Patna High Court
Manoj MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
Manoj Mandal was arrested in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and her family in a land‑dispute‑related scuffle. The petitioner contended that he was falsely implicated, that the parties were relatives, and that the FIR was lodged after an unjustified four‑day delay. He had no prior criminal record and offered to cooperate with the investigation. The State opposed bail. Considering the lack of antecedents, the familial relationship, the nature of the injuries, and the delay in filing the FIR, the court ordered bail on the condition of a Rs.10,000 bond and two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109(1), 352 and 351(2) of the Bharatiya Nyaya Sanhita.
- Whether the circumstances of a familial land dispute, absence of prior criminal record, and delay in filing the FIR justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
Subjects
- bail
- criminal law
- Bharatiya Nyaya Sanhita
- Section 482
- land dispute
- false implication
- relative parties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87639 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- LODIPUR District- Bhagalpur
======================================================
Manoj Mandal S/o Bhuneshwari Mandal Resident of Annadpur, PS- Lodipur,
Distt.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(1), 109(1), 352 and 351(2) of Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the petitioner along with other
named accused persons abused and assaulted the informant and
her family members due to which they sustained injuries.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to ulterior motive.
Further submission is that both the parties are relatives and due
to land dispute between them, scuffle took place. F.I.R. has been
lodged after a delay of four days without any plausible
Patna High Court CR. MISC. No.87639 of 2025(2) dt.12-01-2026
2/2
explanation. The injury on the injured is simple in nature. There
is case and counter case between the parties. Petitioner has got
no criminal antecedent and he undertakes to cooperate in the
investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioner be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Bhagalpur in connection with Lodipur P.S.
Case No. 26 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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