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Patna High Court

Anil MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.91193 of 2025(3) dt.20-02-2026
                                            2/4




          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
Patna High Court CR. MISC. No.91193 of 2025(3) dt.20-02-2026
                                            3/4




          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.
            Patna High Court CR. MISC. No.91193 of 2025(3) dt.20-02-2026
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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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