Allowed¶15

Chanki Mandal v. The State of Bihar

Patna HC11 Sept 2025CR. MISC./38823/2025

Case brief

AI extract

What is this about?

Anticipatory bail — Patna High Court, CR. MISC. No. 38823 of 2025, Chanki Mandal v. The State of Bihar, order dated 11-09-2025, Jitendra Kumar, J.; Sahara Rail P.S. Case No. 17 of 2025, District Khagaria; Sections 313, 317(5) BNS 2023; Section 482(2) BNSS 2023; parity with co-accused Mohan Kumar Sahni (Cr.Misc. No. 55070 of 2025); bail bond Rs. 10,000 with two like sureties; no recovery from petitioner; no criminal antecedents stated; petitioner not moved earlier for bail in the case.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail in the event of arrest or surrender within eight weeks, on bail bonds of Rs. 10,000 with two sureties of the like amount each, subject to Section 482(2) BNSS 2023 conditions and two additional cancellation conditions. ¶15

Chanki Mandal Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Sahara Rail P.S. Case No. 17 of 2025 registered under Sections 313, 317(5) of the B.N.S., 2023, is entitled to anticipatory bail.

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Court's answer

Petition allowed: the petitioner is to be enlarged on bail, in the event of his arrest or surrender before the court below within eight weeks from receipt/production of a copy of the order, on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the court below.

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Ratio / Principle

Bail is subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023 and two further conditions: (i) the court below shall cancel the bail bonds if the petitioner is found, after hearing, to have concealed his criminal antecedents despite knowledge of the same; (ii) the court below shall cancel the bail bonds if the statement regarding a previous bail petition is found to be wrong.

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Detailed headnote1 paragraphs

Anticipatory bail granted. Petitioner Chanki Mandal, apprehending arrest in Sahara Rail P.S. Case No. 17 of 2025 (dated 22.03.2025) under Sections 313, 317(5) BNS 2023 — a case founded on the arrest of co-accused Sujit Kumar @ Socho and his disclosure of co-accused names, with nothing recovered from the petitioner and co-accused Mohan Kumar Sahni already granted anticipatory bail by a co-ordinate Bench — the Patna High Court (Jitendra Kumar, J.) allowed the petition, directing enlargement on bail in the event of arrest or surrender before the court below within eight weeks, on bail bonds of Rs. 10,000 with two sureties of the like amount each, subject to the conditions under Section 482(2) BNSS 2023 and two additional conditions (cancellation of bonds on proof of concealed criminal antecedents or of a wrong statement regarding a previous bail petition).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38823 of 2025

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Arising Out of PS. Case No.-17 Year-2025 Thana- SAHARSA RAIL P.S District- Khagaria

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======================================================

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Chanki Mandal S/O Rudra Mandal Resident of Village- Kajichak Jhitkiya, PS- Maheshkhunt, District- Khagaria

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3 11-09-2025

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... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Santosh Kumar Singh, Advocate For the State : Dr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner seeks bail, apprehending his arrest, in connection with Sahara Rail P.S. Case No. 17 of 2025, dated 22.03.2025, registered for the offences punishable under Sections 313, 317 (5) of the B.N.S., 2023.

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As per allegation, the informant got and information that 5-6 persons are present at Baijnathpur Railway Station, who are suspected thieves. Thereafter, the police raided the place and one Sujit Kumar @ Socho was arrested. The said Sujit Kumar @ Socho disclosed the name of other co-accused persons including the Petitioner. On search, Rs.20,000/- in cash and some articles were recovered from Sujit Kumar. The police attempted to search the houses of the co-accused persons but their houses were found locked.

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Patna High Court CR. MISC. No.38823 of 2025(3) dt.11-09-2025 2/3

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Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is no legally admissible material against the Petitioner, nor anything has been recovered from the possession of the Petitioner. This is not prosecution but literally a persecution. It is a violation of all norms of the civil society by police, who is supposed to be the protector of life and liberty of the people. This case is one of the illustrative cases where people are being harassed unnecessarily without any legal sanction. The co-accused, Mohan Kumar Sahni, from whom some recovery has been made, has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated. 27.08.2025 passed in Cr.Misc. No. 55070 of 2025.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

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However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

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Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named,

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Patna High Court CR. MISC. No.38823 of 2025(3) dt.11-09-2025 3/3

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to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Sahara Rail P.S. Case No. 17 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J.)

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Chandan/-

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U T

Chanki Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chanki Mandal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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