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Patna High Court

Manoj MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the B.N.S.S.

Summary

Manoj Mandal and his wife Gunjan Devi sought anticipatory bail fearing arrest in a case registered under Sections 115(2), 126(2), 109(1), 352, 303(2) and 3(5) of the B.N.S. The alleged offence arose from a family dispute over a goat, during which the petitioner allegedly assaulted his brother with an iron rod and took Rs.3000. The petitioners argued they have clean antecedents, the altercation was mutual, and the informant’s hospital statement was recorded nine days after the incident, casting doubt on the prosecution’s case. The State opposed the bail. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., to be complied with if the petitioners are arrested or surrender within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
  • Whether the delay in recording the informant’s statement affects the credibility of the prosecution’s case

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 126(2), 303(2), 3(5), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • theft
  • Section 115
  • Section 126
  • Section 109
  • Section 352
  • Section 303
  • Section 3
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9475 of 2026
                       Arising Out of PS. Case No.-144 Year-2025 Thana- Ghogha District- Bhagalpur
                 ======================================================
           1.     Manoj Mandal S/O Late Bhagwan Mandal R/O Village- Kulkuliya Ward No.
                  02, P.S- Ghogha, Dist.- Bhagalpur.
           2.    Gunjan Devi W/O Manoj Mandal R/O Village- Kulkuliya Ward No. 02, P.S-
                 Ghogha, Dist.- Bhagalpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kamal Kumar Sinha
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 115 (2),

                   126(2), 109(1), 352, 303(2) and 3(5) of the B.N.S.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that goat of his brother grazed his field, on account of

                   which, an altercation took place and petitioner no.1 assaulted

                   him by iron rod causing injury on head and also took Rs.3000/-

                   from his pocket.

                                4. Learned counsel submits that petitioner no.1 and
Patna High Court CR. MISC. No.9475 of 2026(2) dt.26-03-2026
                                            2/3




          the informant are own brother and on a trivial dispute of the

          goat of the petitioner grazing the field of the informant led to an

          altercation in which both side assaulted each other. It is also

          submitted that no doubt it is alleged that petitioner no.1

          assaulted the informant by rod causing injury on head on

          21.09.2025 but then the fardbeyan of the informant was

          recorded in the hospital on 30.09.2025 i.e. 9 days after the

          occurrence, which also casts an aspersion on the case of the

          prosecution that as to whether the informant was admitted in the

          hospital on account of assault made by the petitioner no.1 or he

          got injured in some other occurrence. It is also submitted that

          informant and petitioner no.1 resides jointly and petitioners are

          not criminals.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of learned

          trial court where the case is pending/successor court in
             Patna High Court CR. MISC. No.9475 of 2026(2) dt.26-03-2026
                                                         3/3




                       connection with Ghogha P.S. Case No.144/2025, subject to the

                       conditions as laid down under Section 482(2) of the B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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