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Patna High Court

Shivan MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to specified conditions, with the order becoming infructuous if it is found that processes have already been issued.

Summary

The petitioners, Shivan Mandal and his two wives Rina Devi and Rinki Devi, sought anticipatory bail fearing arrest in a case (Tikapatti PS Case No. 88 of 2021) involving offences under Sections 341, 323, 324, 307, 504, 379 and 34 of the Indian Penal Code. They argued that no criminal processes had yet been issued against them, they have no prior record, two of them are women, and a compromise has been reached, while also noting a pending counter‑case. The State opposed, contending the petition was filed belatedly and that processes might already have been issued. The Court, considering the petitioners' clean record, the existence of a counter‑case, and the undertaking to appear regularly, granted anticipatory bail subject to strict conditions, and warned that the order would become infructuous if the claim of no processes proved false. The bail order required a bond of Rs.10,000 with two sureties, appearance before the trial court, and prohibitions against tampering with evidence or committing further offences.

Issues considered

  • Whether anticipatory bail can be granted in the present circumstances despite alleged issuance of processes.
  • Whether the petitioners' claim of no processes issued affects the maintainability of the bail petition.
  • Whether the existence of a counter‑case and a compromise influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • bail conditions
  • counter case
  • compromise
  • women petitioners

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90511 of 2025
                       Arising Out of PS. Case No.-88 Year-2021 Thana- TIKAPATTI District- Purnia
                 ======================================================
           1.     Shivan Mandal S/o- Late Daso Mandal Village- Dumari PS-Tikapatti Distt-
                  Purnea
           2.    Rina Devi W/o- Shivan Mandal Village- Dumari PS-Tikapatti Distt- Purnea
           3.    Rinki Devi W/o- Mithun Mandal Village- Dumari PS-Tikapatti Distt- Purnea

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijendra Kumar Singh, Advocate
                 For the State            :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   15-01-2026                          Heard the parties.

                                 2. The petitioners are apprehending their arrest in

                   connection with Tikapatti P.S. Case No. 88 of 2021 registered

                   for the offence under Sections 341, 323, 324, 307, 504, 379 and

                   34 of the Indian Penal Code, lodged on 29.09.2021 by the

                   informant, Urmila Devi.

                                 3. As per the prosecution story, the informant alleged

                   that in a quarrel between kids, the elders also entered which led

                   to fight/injuries and the F.I.R.

                                 4. Learned counsel for the petitioners submit that two

                   of the petitioners are ladies, none have criminal antecedent,

                   there is a counter case also which is earlier in the present case.
Patna High Court CR. MISC. No.90511 of 2025(2) dt.15-01-2026
                                            2/3




          Last submission is that they have also come into compromise.

                       5. Learned APP opposes the prayer submitting that

          they are approached this Court belatedly and may be processes

          have been issued.

                       6. Learned counsel for the petitioners submit that no

          processes have been issued and if such statement is found

          incorrect and relief granted, the same may become infructuous.

                       7. Taking into account submissions of the parties as

          also that there is case and counter case, two of them are lades

          and an undertaking has been given that they shall be diligently

          appearing in trial, in that background, this Court is inclined to

          extend them the privilege of anticipatory bail.

                       8. However, if the statement made that no processes

          have been issued against the petitioners are incorrect, the order

          shall become infructuous.

                       9. Let the petitioners be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of like amount each to the

          satisfaction of learned Additional Sessions Judge-IV, Purnea, in

          connection with Tikapatti P.S. Case No. 88 of 2021 subject to

          the following conditions:-
            Patna High Court CR. MISC. No.90511 of 2025(2) dt.15-01-2026
                                                        3/3




                                   (i) one of the bailor should be the family

                      member/relative of the petitioner who shall provide official

                      document (Aadhar Card/Voter Id/Driving License/Pan Card) to

                      show his/her bona fide;

                                   (ii) the petitioners shall appear on each and every date

                      before the Trial Court and failure to do so for two consecutive

                      dates without plausible reason will entail cancellation of their

                      bail bond by the Trial Court itself;

                                   (iii) the petitioners shall in no way try to induce or

                      promise or threat the witnesses or tamper with the evidences,

                      failing which the State shall be at liberty to take steps for

                      cancellation of the bail bonds;

                                   (iv) the petitioners shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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