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Patna High Court

Subodh MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       2/2




                     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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