Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 8155 (PAT)

Anik Mandal v. The State of Bihar

CR. MISC./28857/2026 · 2026-05-05

Arun Kumar Jha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28857 of 2026 Arising Out of PS. Case No.-17 Year-2026 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1. Anik Mandal S/O Krishndev Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria 2. Rohit kumar @ Rohit Kumar Mandal @ Rohit Mandal S/O Pappu Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria 3. Rakesh Kumar @ Rakesh Mandal S/O Pappu Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria 4. Vikash Kumar Mandal S/O Adhik Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria 5. Rahul Kumar @ Rahul Mandal S/O Ajay Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria 6. Ajay Kumar @ Ajay Mandal S/O Anik Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria 7. Sahil Kumar @ Sahil Mandal S/O Ajay Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria 8. Prashant Kumar @ Prashant Mandal S/O Pappu Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria 9. Mithun Kumar @ Mithun Mandal S/O Buto Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria 10. Ranjit Kumar @ Ranjit Mandal S/O Buto Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria 11. Sujeet Kumar @ Sujeet Mandal S/O Prakash Mandal R/O Village- Govindpur P,S,- Mheshkhunt,District- khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 05-05-2026 Heard learned counsel for the petitioners and learned APP for the State. Patna High Court CR. MISC. No.28857 of 2026(2) dt.05-05-2026 2/4 2. In the present case, the petitioners are apprehending their arrest in connection with Maheshkhunt P.S. Case No. 17 of 2026 registered for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 329(3), 109, 303(2), 352 of BNS and Section 27 of the Arms Act. 3. As per prosecution case, the petitioners and other co-accused persons attacked the house of the informant after entering her house and snatched her earrings. The petitioners and other co-accused persons also resorted to brick- batting. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The present case is counter blast of Maheshkhunt P.S. Case No. 16 of 2026 which has been registered for the occurrence of the same day in which one of the persons of the petitioners' side received firearm injury. A number of persons from the informant's side assaulted one Lila Devi and her family members after entering her house and in order to create defence, the present case has been lodged after delay of one day and there is no explanation for the said delay. Learned counsel further submits that from the contents of the FIR no cognizable offence is made out as allegation of snatching earrings is false Patna High Court CR. MISC. No.28857 of 2026(2) dt.05-05-2026 3/4 and concocted and moreover, there is general and omnibus allegation against 33 persons. All the petitioners having clean antecedent except petitioners Ajay Mandal, Vikash Mandal and Ranjit Mandal, who are having antecedent of one case and petitioner Anik Mandal is having antecedent of two cases. 5. Learned APP opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely vague and doubtful nature of allegation in the background of case and counter version and further considering the possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Khagaria/concerned court in connection with Maheshkhunt P.S. Case No. 17 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S. and other following conditions : (i) One of the bailors will be a close Patna High Court CR. MISC. No.28857 of 2026(2) dt.05-05-2026 4/4 relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court. DKS/- (Arun Kumar Jha, J) U T