Patna High Court
Anil MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it subject to conditions.
Summary
Anil Mandal was implicated in a case (PS No. 103 of 2025) alleging assault on an informant's father, leading to the father's death, under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that the death was accidental, supported by statements of the informant’s relatives and the post‑mortem report showing no ligature wounds. The State opposed anticipatory bail, contending the allegations constitute a cognizable offence. The High Court examined the factual contentions and, applying Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail with specific conditions. The order emphasized that the bail conditions are not to delay verification of the petitioner’s antecedents and that the observations are not binding during trial.
Issues considered
- Whether anticipatory bail is appropriate in a case involving alleged assault and death under the Bharatiya Nyaya Sanhita.
- Whether the factual material (relatives' statements and post‑mortem report) negates the prosecution’s case sufficient to justify bail.
- Applicability of Section 438(2) CrPC and Section 482(2) B.N.S.S. in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- death
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 B.N.S.S.
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91193 of 2025
Arising Out of PS. Case No.-103 Year-2025 Thana- Salmari District- Katihar
======================================================
Anil Mandal Son of Bhelu Mandal Resident of Village - Rohiya, P.S.-
Salmari, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.K. Sinha, Adv.
Md. Musowir, Adv.
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-02-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Salmari P.S. Case No. 103 of 2025 registered
for the offence(s) under Section(s) 103(1) and 3(5) of
theBharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. The prosecution case is to the effect that the
petitioner along with the others entered into an altercation with
regard to drainage and it is alleged that thereafter all the accused
persons assaulted the informant, his wife and his father. It is
specifically alleged that Anil Mandal attacked his father, causing
injuries on his head and stomach and during the course of
treatment, the Doctors declared the informant’s father dead.
4. The learned counsel for the petitioner submits that
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the petitioner has falsely been implicated on account of personal
dispute between the informant and the petitioner. However,
later, good sense prevailed and during the course of
investigation, the informant, his elder brother and the nephew,
they all have unanimously stated that the father of the informant
had, in fact, slipped and on account of the same, he received
injuries on his head and, thereafter, he was taken to KMCH,
Katihar, where he was declared dead. It has further been
submitted that from the perusal of the post-mortem report, it
would appear that though the external finding is diffused
swelling over occipital region of head and fracture of right
shoulder, however, it would be evident that there is no reference
of any ligature wound over the same, which goes on to show
that there was no assault. It has, thus, been submitted that in
view of the specific contentions of the immediate relatives of
the deceased, the petitioner may be released on bail, who carries
clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
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the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Salmari P.S. Case No. 103 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 read with
corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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