Patna High Court
Shivan MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504
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
Checking your session…