Created by Fuzzy Cloud

Patna High Court

Manoj MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.