Patna High Court
Manoj MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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/-
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