Patna High Court
Subodh MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was allowed, and the petitioner was granted bail subject to conditions.
Summary
The petitioner, Subodh Mandal, faced arrest in connection with a police case alleging offences under several sections of the Bharatiya Nyaya Sanhita and the Arms Act, primarily for allegedly firing at an informant and his brother. The prosecution alleged his involvement, but the informant, through his counsel, testified that the petitioner was not present at the scene and submitted an exonerating application to the police. The court considered the informant’s statement and the lack of direct evidence linking the petitioner to the alleged firing. Relying on the informant’s exoneration and the provisions of Section 482 of the BNSS and Section 438(2) of the CrPC, the court allowed the petitioner's bail application. The petitioner was ordered to be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the conditions prescribed by the Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to bail in light of the informant's exoneration
- Whether the application for bail should be entertained under Section 482 of the BNSS and Section 438(2) of the CrPC
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 351(2), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- exoneration
- informant testimony
- criminal procedure
- BNSS
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88361 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Subodh Mandal S/o Fuchai Mandal Resident of VIllage - Dhusar, Tikapatti,
P.S - Tikapatti, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mt. P. K. Jaipuriyar, Advocate
Ms.Anukriti Jaipuriyar, Advocate
For the State : Mr.Parmanand Kumar, APP
For the Informant : Mr. Rajnikant Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in connection
with Tikapatti P.S. Case No. 06 of 2025 instituted under
Sections 191(2), 190, 126(2), 115(2), 109, 352 and 351(2) of
the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is said
to have fired at the information and his brother.
4. Though, the allegation against the petitioner is of
firing but learned counsel for the informant submits that the
petitioner was not present on the spot and with regard to the
same, an application has been filed before the police.
5. When the informant is himself exonerating the
Patna High Court CR. MISC. No.88361 of 2025(2) dt.15-01-2026
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petitioner, this application is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Purnea/ concerned Court in connection with
Tikapatti P.S. Case No. 6 of 2025, subject to the conditions laid
down in Section 482 of the BNSS/ 438(2) of the Code of
Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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