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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to be enlarged on bail, in the event of arrest/surrender within eight weeks, on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate Ist Class, Naugachia, District-Bhagalpur, in connection with Ismailpur P.S. Case No. 92 of 2024, subject to the condition laid down under Section 482 of the B.N.S.S.

Issue for consideration

Whether the petitioners, who apprehend arrest in Ismailpur P.S. Case No. 92 of 2024 (Thana Ismailpur, District Bhagalpur) registered for offences punishable under Sections 126(2), 115(2), 76, 351(3) and 3(5) of the B.N.S., are entitled to anticipatory bail.

Court's answer

Considering the facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

Ratio / Principle

In the event of arrest/surrender within eight weeks, the petitioners are to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate Ist Class, Naugachia, District Bhagalpur, in connection with Ismailpur P.S. Case No. 92 of 2024, subject to the condition laid down under Section 482 of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioners Mahendra Mandal (informant's father-in-law) and Subodh Mandal (her brother-in-law, Bhaisur) apprehended arrest in Ismailpur P.S. Case No. 92 of 2024 (Thana Ismailpur, District Bhagalpur) for offences punishable under Sections 126(2), 115(2), 76, 351(3) and 3(5) of the B.N.S., the prosecution alleging that on 27.08.2024 Petitioner No. 1 assaulted the informant on the head with a lathi, Petitioner No. 2 disrobed her, and her husband was assaulted when he intervened. Defence attributed the FIR to a dispute over partition of ancestral property and the informant's desire to separate from the joint family, stressed the absence of any injury report, and claimed clean antecedents; the A.P.P. opposed. Allowing the prayer on the nature of accusation and clean antecedents, the Court directed enlargement on bail upon arrest/surrender within eight weeks on a bail-bond of Rs. 10,000/- each with two like sureties before the Judicial Magistrate Ist Class, Naugachia, subject to Section 482 B.N.S.S. conditions. (Patna High Court, Criminal Miscellaneous No.644 of 2025, Prabhat Kumar Singh, J., oral order dated 11-02-2025)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.644 of 2025

Arising Out of PS. Case No.-92 Year-2024 Thana- ISMAILPUR District- Bhagalpur

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Mahendra Mandal Son of Late Jageshwar Mandal Resident of villageGonarchak PS -Ismailpur District -Bhagalpur

Subodh Mandal son of Mahendra Mandal Resident of village- Gonarchak PS -Ismailpur District -Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioners : Mr. Sunil Kumar Singh, Advocate For the State : Mr. Brajendra Nath Pandey, APP

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

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 11-02-2025 Heard learned counsels for the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 76, 351(3) and 3(5) of the B.N.S..

As per prosecution case, on 27.08.2024, these petitioners entered in the house of informant and Petitioner No. 1 assaulted with lathi on head of informant and Petitioner No. 2 disrobed the informant. It is further alleged that when husband of informant came to save her, he was also assaulted by these petitioners.

It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have

Patna High Court CR. MISC. No.644 of 2025(2) dt.11-02-2025 2/3

committed no offence as alleged in the F.I.R.. As a matter of fact, Petitioner No. 1 is father-in-law and Petitioner No. 2 is brother-in-law ( Bhaisur ) of the informant and there is dispute with regard to partition of ancestral property between the parties. It is further submitted that the informant wants separation from the joint family and only with a view to put pressure, this false and fabricated case has been lodged. Though there is allegation of assault but there is no injury report to support the allegations. Petitioners claim clean antecedents.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged 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 Ist Class, Naugachia, District- Bhagalpur in connection with Ismailpur P.S. Case No. 92 of 2024, subject to condition as laid

Patna High Court CR. MISC. No.644 of 2025(2) dt.11-02-2025 3/3

down under Section 482 of the B.N.S.S..

(Prabhat Kumar Singh, J)

shashank/-

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