Patna High Court
Bhagwan Lal Mandal @ Bhagwanlal MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as there is no specific allegation against the petitioner and the charge sheet has been filed.
Summary
The petitioner, Bhagwan Lal Mandal, was arrested in connection with a violent incident on 16 April 2025 in Khutauna, Madhubani, where assault and shooting were alleged. The FIR names co‑accused Pramod Yadav and Ajit Yadav as having fired at the informant’s son, but does not specifically allege that the petitioner fired any weapon. The petitioner, who has one prior criminal record, applied for bail, claiming false implication and noting that the charge sheet had already been filed. The State opposed the bail on the ground of the serious nature of the offences listed under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The Court, after considering the lack of a specific allegation against the petitioner, the filing of the charge sheet, and the period of custody, decided to grant bail on a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail can be granted when the charge sheet does not specifically allege the petitioner’s participation in the shooting.
- Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act precludes bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 324(4), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88731 of 2025
Arising Out of PS. Case No.-48 Year-2025 Thana- KHUTAUNA District- Madhubani
======================================================
Bhagwan Lal Mandal @ Bhagwanlal Mandal Son of Late Kari Mandal
Resident of village - Shiba @ Shiva, P.S.- Andharathadhi, District -
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Khutauna P.S. Case No. 48 of 2025 instituted for the offence
under Sections 126(2), 115(2), 118(1), 352, 351(2), 109(1),
324(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section
27 of the Arms Act.
3. The prosecution case, in brief, is that on
16.04.2025 at about 10:00 PM, the named accused persons
assaulted Boby Kumar, and when the informant intervened, he
was also assaulted and abused. It is alleged that Pramod Yadav
@ Bauna and Ajit Yadav fired at the informant’s son with intent
to kill, causing bullet injuries to his right hand and stomach. The
Patna High Court CR. MISC. No.88731 of 2025(4) dt.13-01-2026
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accused thereafter fled, leaving behind one car and two
motorcycles at the place of occurrence.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 17.04.2025. Petitioner
bears one criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. From perusal of the FIR, it would manifest that there is no
specific allegation of firing against the petitioner, rather the
same is against co-accused person, namely, Pramod Yadav @
Bauna and Ajit Yadav. Charge sheet has already been submitted
in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
specific allegation against the petitioner and charge sheet being
submitted, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.88731 of 2025(4) dt.13-01-2026
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below/concerned Court in connection with Khutauna P.S. Case
No. 48 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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