Bhanu Mandal @ Bhanu Kumar Mandal Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Bhanu Mandal @ Bhanu Kumar Mandal Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail after framing of charge (if not already framed) on bail bonds of Rs. 15,000/- with two sureties of the like amount each, subject to conditions: one bailor to be an own/close family member; appearance on every trial date, default on two consecutive dates permitting the Trial Court to cancel the bail bonds.

Issue for consideration

Whether the petitioner, held in connection with Basanahi P.S. Case No. 115 of 2025 for offences under Sections 126(2), 109, 308(2), 308(5) and 3(5) of the B.N.S and Section 27 of the Arms Act, should be released on bail.

Court's answer

Taking into account the facts and circumstances of the case, the persisting land dispute between the parties and the period of custody already undergone, the Court inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner is to be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Basanahi P.S. Case No. 115 of 2025, subject to the conditions that one bailor shall be an own/close member of the petitioner's family and that the petitioner shall appear on each and every date fixed at the trial, with liberty to the Trial Court to cancel the bail bonds upon default in appearance on two consecutive dates.

Detailed headnote1 paragraphs

BAIL GRANTED. The High Court of Judicature at Patna (Rudra Prakash Mishra, J.) allowed the petitioner's bail application arising out of Basanahi P.S. Case No. 115 of 2025 (District Saharsa), instituted for offences punishable under Sections 126(2), 109, 308(2), 308(5) and 3(5) of the B.N.S and Section 27 of the Arms Act. The prosecution case was that the petitioner and others demanded five lakh as ransom (failing which land was to be executed in his name) and fired upon the informant on refusal. Weighing the persisting land dispute between the parties (the mother of the petitioner having purchased land from the informant and his brother by sale deed) and the period of custody undergone (in custody since 09.08.2025; defence stating six criminal antecedents), the Court directed release after framing of charge, if not already framed, on bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each, on conditions that one bailor be an own/close family member of the petitioner and that the petitioner appear on each and every trial date, default on two consecutive dates entitling the Trial Court to cancel the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2499 of 2026

Arising Out of PS. Case No.-115 Year-2025 Thana- BASANHI District- Saharsa

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

Bhanu Mandal @ Bhanu Kumar Mandal Son of Late Basho Mandal @ Baso Mandal R/o Village - Dotara, Ward no. 13, P.S. - Basanahi, Dist. - Saharsa(Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Akash Anand, Adv. For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 22-01-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Basanahi P.S. Case No. 115 of 2025 instituted for the offences punishable under Sections 126(2), 109, 308(2), 308(5) and 3(5) of the B.N.S and Section 27 of the Arms Act.

The prosecution case, in short, is that, when the informant was sitting at his darwaja, the present petitioner along with other persons came and demanded five lakh ransom amount and if not to execute land in his name and on denial they made firing upon him however he saved in life.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.2499 of 2026(2) dt.22-01-2026 2/3

present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner and the informant are co-villagers and neighbours and the mother of the petitioner purchased land from the informant and his brother by sale deed and there is a land dispute between both the parties. The petitioner is in custody since 09.08.2025 and has got six criminal antecedents.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, persisting land dispute between the parties and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Basanahi P.S. Case No. 115 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.2499 of 2026(2) dt.22-01-2026 3/3

fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Siddharth Soni/-

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