Patna High Court
Bhavesh MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that anticipatory bail may be granted as no sexual assault was alleged and the main motive rested with the co‑accused, subject to statutory conditions.
Summary
The petitioner applied for anticipatory bail under Section 438 of the CrPC in connection with FIR No. 495 of 2024, which alleged that he and a co‑accused followed a woman to a deserted place, threatened her with rape and attempted to outrage her modesty, but no actual sexual assault was alleged. The petitioner argued that the FIR only implicated him in the threat and that the co‑accused was the main perpetrator, with a separate pending case against the co‑accused. The State opposed the bail. The Court examined the nature of the alleged offences, noting the absence of any proven sexual assault and that the primary motive lay with the co‑accused. Considering these facts, the Court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties, compliance with Section 438(2) CrPC, Section 482(2) of the Bihar Negotiable Sale and Service Act, 2023, and a condition of cooperation with the investigation.
Issues considered
- Whether anticipatory bail is appropriate where the alleged offences include threat of rape and attempt to outrage modesty but no actual sexual assault is proven.
- Whether the presence of a co‑accused bearing the main motive affects the grant of anticipatory bail.
- Whether conditions under Section 438 CrPC and Section 482(2) of the Bihar Negotiable Sale and Service Act, 2023, can be imposed on anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S
- threat of rape
- outrage of modesty
- co‑accused
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88841 of 2025
Arising out of PS. Case No.-495 Year-2024 Thana- KAHALGAON District- Bhagalpur
======================================================
Bhavesh Mandal, S/o Vakeel Mandal, Resident of Village - Shiv Kumari Pa-
har, Patel Nagar, ward No.- 17, Police Station- Kahalgaon, Dist- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Manoj Kumar, Advocate
For the Opposite Party/s: Mrs. Meena Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Kahalgaon P.S. Case No. 495 of 2024 registered under sec-
tions 126(2), 115(2), 74, 76, 303(2), 352, 351(2) and 3(5) of the
BNS.
3. The allegation in the First Information Report is
that the petitioner along with one Sanjay Mandal followed the
informant to a deserted place where she was abused and attempt
was made to outrage her modesty and was also threatened that
rape would be committed upon her.
4. Learned counsel for the petitioner submits that it
would be evident from the perusal of the FIR itself that the alle-
Patna High Court CR. MISC. No.88841 of 2025(2) dt.15-01-2026
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gation upon the petitioner and another is confined to following
the informant and attempting to outrage her modesty and threat-
ening to commit rape upon her. However, there is no allegation
of subjecting the informant to any sexual assault and as a matter
of fact it has been admitted in the FIR itself that co-accused
Sanjay Mandal was behind her as she had also got one Kahal-
gaon P.S. Case No. 292 of 2023 registered against him which is
still pending.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the facts and circum-
stances of the case and considering the fact that the main motive
for the occurrence rested against co-accused Sanjay Mandal and
in the present case there is no sexual assault or any injury has
been caused to the informant, let the petitioner, above named, in
the event of his arrest or surrender before the learned Court be-
low within a period of four weeks, be released on anticipatory
bail in connection with Kahalgaon P.S. Case No. 495 of 2024 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Bhagalpur, subject to the con-
dition laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.88841 of 2025(2) dt.15-01-2026
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Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to
the further condition that he shall co-operate in
investigation/trial and in case of non co-operation on his behalf
the prosecution and the learned Court concerned would be at
liberty to cancel his bail bond.
(Soni Shrivastava, J)
Vikash/-
U T
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