Patna High Court
Ajeet Mandal @ Oversiyar Mandal @ Oversiyal MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Because the allegations against the petitioners were general and omnibus and the specific charge of firing was against another co‑accused, the court granted anticipatory bail.
Summary
The petitioners, Ajeet Mandal and Ajay Mandal, were implicated in a violent incident on 30‑11‑2025 in which a co‑accused allegedly fired a pistol at a victim’s husband and assaulted the victim’s family. The FIR charges them under several sections of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioners filed an anticipatory bail application, contending that the allegations against them are vague, politically motivated, and that the specific charge of firing a weapon is directed at another co‑accused, Pandav Mandal. The court examined the injury report, finding no medical opinion that the injuries were caused by a firearm, and noted the lack of any overt act attributed to the petitioners. Relying on the general and omnibus nature of the accusations, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether the general and omnibus allegations against the petitioners justify denial of anticipatory bail
- Whether the specific allegation of firing a pistol, directed at another co‑accused, affects the petitioners' right to anticipatory bail
- Whether Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita can be invoked to grant anticipatory bail in this case
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 352, 75
Subjects
- anticipatory bail
- general and omnibus allegations
- firearm injury
- political victimisation
- Bhartiya Nyaya Sanhita
- Arms Act
- Bhartiya Nagrik Suraksha Sanhita
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9421 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- MANSI District- Khagaria
======================================================
1. Ajeet Mandal @ Oversiyar Mandal @ Oversiyal Mandal S/O Anup Mandal
R/O Village- Saidpur, Ward No. 01, P.S- Mansi, Distt.- Khagaria.
2. Ajay Mandal S/O Anup Mandal R/O Village- Saidpur, Ward No. 01, P.S-
Mansi, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh
For the Opposite Party/s : Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Mansi Police Station Case No. 271 of 2025, dated
02.12.2025, disclosing offences under Sections
126(2)/115(2)/109/352/75/3(5) of the Bhartiya Nyaya
Sanhita and Section 27 of the Arms Act.
3. The prosecution case, as per the First Information Report,
is that on 30.11.2025 at about 08:00 P.M., while the
informant’s husband was standing near his house, the
accused persons including the petitioners came there,
abused him and surrounded him, whereafter co-accused
Pandav Mandal allegedly fired from a country-made
Patna High Court CR. MISC. No.9421 of 2026(2) dt.12-03-2026
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pistol at the head of her husband causing injury, while the
other accused persons also assaulted him. It has further
alleged that when the informant and her son intervened,
they were also assaulted and co-accused Ajay Mandal
assaulted the informant’s son by pistol butt causing injury
to his hand.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in the present
case due to local politics and allegation against the
petitioners are general and omnibus in nature. He next
submits that no overt act has been alleged against the
petitioners and specific allegation of firing upon
informant is on co-accused Pandav Mandal. He further
submits that from perusal of the injury report, it would
transpire that doctor has not opined that the injury was
caused by fire-arm.
5. Regards being had to the submissions made on behalf of
the parties and taking into consideration the fact that
allegations against the petitioners are general and
omnibus in nature and specific allegation of firing is
against co-accused Pandav Yadav, I am inclined to grant
the petitioners privilege of anticipatory bail.
Patna High Court CR. MISC. No.9421 of 2026(2) dt.12-03-2026
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6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate First Class, Khagaria, in connection with
Mansi Police Station Case No. 3319 of 2025, subject to
the condition laid down under Section 482 (2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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