Patna High Court
Anil MandalversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail could not be granted given the seriousness of the offences and the evidentiary material on record.
Summary
Anil Mandal was arrested on 5 October 2024 in connection with a FIR dated 19 May 2024 alleging a violent assault and firing on an informant’s husband, involving multiple offences under the Indian Penal Code and the Arms Act. The petitioner, claiming a clean record and false implication, sought bail. The prosecution opposed, highlighting specific allegations of firing and that six of nine witnesses had already been examined. The High Court, considering the gravity of the charges and the trial court’s report, declined to grant bail and ordered the trial court to expedite the proceedings. Consequently, the bail petition was dismissed.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the IPC and Arms Act
- Whether the evidence, including the FIR and witness examinations, justifies denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120, 147, 148, 149, 302, 323, 34, 341, 342, 379, 427, 504, 506
Subjects
- bail
- criminal procedure
- IPC offences
- Arms Act
- serious offences
- trial court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9883 of 2026
Arising Out of PS. Case No.-100 Year-2024 Thana- BHAWANIPUR District- Purnia
======================================================
Anil Mandal S/o Late Chaturi Mandal R/o Vill- Durgapur Purwari Tola, P.S.-
Bhawanipur, Distt- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Mr. Pramod Mishra, learned counsel for the
petitioner and Md. Mushtaque Alam, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.10.2024 in connection with S.T. No. 163 of 2025 arising out
of Bhawanipur P.S. Case No. 100 of 2024, F.I.R. dated
19.05.2024 for the offences punishable under Sections 147, 148,
149, 302, 341, 342, 323, 379, 427, 504, 506, 34 and 120(B) of
the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, over a petty dispute
this petitioner along with other accused persons armed with
deadly weapons have brutally assaulted the informant and her
family members and this petitioner has fired upon the
informant's husband due to which he received fire arm injury on
his chest.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9883 of 2026(3) dt.02-04-2026
2/2
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that from perusal of the FIR it appears that there is
direct and specific allegation of firing attributed against the
petitioner and apart from the aforesaid, the report of the learned
Trial Court reveals that out of nine witnesses, six witnesses have
already been examined.
6. Considering the nature of allegation as well as
report of the learned Trial Court, I am not inclined to enlarge the
petitioner on bail in connection with S. Tr. No. 163 of 2025
arising out of Bhawanipur P.S. Case No. 100 of 2024 pending in
the court of learned Additional Sessions Judge XII, Purnea.
7. Prayer is refused.
8. However, learned Trial Court is directed to expedite
and conclude the trial at the earliest.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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