Patna High Court
Natho Mandal @ Nathu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Natho Mandal, Pramod Mandal and Santosh Mandal, were implicated in FIR No.155 of 2025 for offences including assault, robbery and intimidation under various sections of the Bhartiya Nagarik Suraksha Sanhita. They filed an anticipatory bail application claiming innocence, asserting that the allegations against them are false and that there is no specific charge of assault directed at them. The State opposed the application, highlighting two prior criminal antecedents against the petitioners, both of which are currently on bail. The Court examined the material, noting the lack of a specific allegation of assault on the petitioners and the fact that they are already on bail in other matters. Consequently, the Court exercised its power under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and granted anticipatory bail subject to prescribed conditions and surety requirements.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite prior criminal antecedents and the nature of the allegations in FIR No.155 of 2025
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- criminal procedure
- FIR
- assault
- robbery
- bail conditions
- prior antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91381 of 2025
Arising Out of PS. Case No.-155 Year-2025 Thana- BAUNSI District- Araria
======================================================
1. Natho Mandal @ Nathu Mandal S/o Late Bachchan Mandal @ Bachchan
Mandal
2. Pramod Mandal S/o Maheshwari Mandal
3. Santosh Mandal S/o Maheshwari Mandal
All R/o vill - Lalpur Majhua, ward no. 3, P.S.- Bousi, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha, Adv.
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Bausi P.S. Case No.155 of 2025, registered for the offence
under Sections 126(2), 115(2), 109, 303(2), 352, 3/5 of the BNS,
2023.
3. As per prosecution case, the informant gave
fardbeyan before the police alleging therein that on 04/09/2025,
at approximately 08:00 pm, the accused named in the FIR,
armed with weapons, entered her courtyard, and began abusing
her. They assaulted and injured the family members, bruising
Patna High Court CR. MISC. No.91381 of 2025(2) dt.15-01-2026
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her head. In the mean time, the accused began pulling her
daughter in-law namely Menka Devi and daughter Mamta Devi,
by their hair, causing them to tear their clothes and become
naked. The accused returned to the home and midnight and took
Rs.50,000/- in cash, jewellery, groceries and valuables articles
from a box and they threatened to kill all the injured persons,
thereafter the accused persons fled away. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
alleged in the FIR and have falsely been implicated in this case,
there is case and counter case between the parties. Learned
counsel for the petitioners further submit that two criminal
antecedents against the petitioners and in both the cases the
petitioners are on bail, there is no specific allegation of assault
on the petitioners. In such circumstances
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that although there are two
criminal antecedents against the petitioners and in both the cases
the petitioners are on bail, there is no specific allegation of
assault on the petitioners. In such circumstances, I am inclined
to grant the privilege of anticipatory bail to the petitioners.
Patna High Court CR. MISC. No.91381 of 2025(2) dt.15-01-2026
3/3
7. Accordingly, the petitioners above named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, Ist Class, Araria in connection with Bausi P.S. Case
No.155 of 2025, subject to the conditions laid down under
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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