Bhikhan Mandal @ Bhikhari Mandal @ Bhikhar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16014 of 2026 Arising Out of PS. Case No.-392 Year-2024 Thana- BATHNAHA District- Sitamarhi ====================================================== Bhikhan Mandal @ Bhikhari Mandal @ Bhikhar Mandal S/o Late Thakuri Mandal Resident of Village- Kamaldah, P.S.- Bathnaha, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh For the Informant :
Mr. Kumar Prabhakar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-05-2026 Heard the learned counsel for the petitioner, the learned APP for the State and the learned counsel for the informant.
2. The petitioner seeks anticipatory bail in connection with Bathnaha P.S. Case No. 392 of 2024 registered for the offences under Sections 127(2), 115(2), 109(1), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged to have been involved in the murder of the deceased.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is no credible material to
Patna High Court CR. MISC. No.16014 of 2026(3) dt.13-05-2026 2/3 connect the petitioner with the alleged occurrence. It is also contended that the name of the petitioner has surfaced only in the self-inculpatory statement of the co-accused and the petitioner, not being an immediate family member of the coaccused, had no role in the alleged offence. It is thus prayed that the petitioner may be granted the privilege of anticipatory bail.
5. Learned APP for the State as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail. It is submitted that the petitioner is specifically named in the FIR and the seriousness of the allegations is evident. It is further pointed out that process under Section 82 Cr.P.C. has already been issued against the petitioner.
6. Having considered the rival submissions, the nature and gravity of the accusation and the materials available on record, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner.
7. Accordingly, the prayer for anticipatory bail is hereby rejected.
8. It is, however, made clear that any observation made herein is purely prima facie in nature and confined to the adjudication of the present bail application. The same shall not be construed as an expression on the merits of the case and shall
Patna High Court CR. MISC. No.16014 of 2026(3) dt.13-05-2026 3/3 not influence the trial or any other proceedings. (Sandeep Kumar, J) Shishir/- U T