Manish Mandal @ Nagmani Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19792 of 2026 Arising Out of PS. Case No.-593 Year-2025 Thana- BANKA District- Banka ====================================================== Manish Mandal @ Nagmani Mandal son of Bateshwar Mandal Resident of village- Vijay nagar PS- Banka District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-05-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
2. The petitioner apprehends his arrest in connection with Banka P.S. Case No. 593 of 2025, dated 26.12.2025 registered for the offence punishable under Sections 309(4) and 27 of Arms Act.
3. As per the FIR, on 26.12.2025, the informant's brother-in-law withdrew Rs. 2.5 lacs from SBI A.D.B. Branch Banka, he was going to his home, two unknown persons attacked on him with same kind of weapon, as a result of which he fell down from his motorcycle and they attacked him and snatched Rs. 2.5 lakhs. Thereafter, the victim was brought to Sadar Hospital wherein he was referred to Mayaganj Hospital, Bhagalpur for better treatment.
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4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has been falsely implicated in this case. The allegations made in the First Information Report is malicious and has been made with ulterior motive by the informant while no such incident is said to have been taken place. It is further submitted that the FIR was lodged against unknown and on the basis of confessional statement, the name of the petitioner transpired in this case. Learned counsel for the petitioner fairly submitted that the petitioner has two criminal antecedents, bearing (1) Banka P.S. Case No. 95 of 2014 dated 25.03.2014 under section 302, 307/34 of I.P.C. and 27 of Arms Act and (2) Banka P.S. Case No. 44 of 2015 dated 23.01.2015 under section 395 and 397 both registered at Banka P.S. against him. It has further been submitted that the petitioner is currently on bail in both the cases; however, due to inadvertence, the same could not be mentioned in paragraph 3 of the instant anticipatory bail application.
5. On the other hand, learned A.P.P. for the State opposed the prayer for anticipatory bail by submitting that the petitioner is a habitual offender and has two criminal antecedents. It is further submitted that the informant's brotherin-law was returning home after withdrawing Rs. 2.5 lakhs from
3/4 the SBI, A.D.B. Branch, Banka and when he reached near Murhara Road, two unknown persons armed with weapon attacked him and snatched the said amount. It is further submitted that the motorcycle which was used in commission of the crime belonged to the petitioner, which fact has been stated by the family member of the petitioner and the reference of the same can be made from paragraph-43 of the case diary. It is also submitted that due to the injuries sustained in the occurrence, the injured was first taken to Sadar Hospital for primary treatment and thereafter referred to Mayaganj Hospital, Bhagalpur for better treatment. Lastly, it is submitted that a person having such antecedents and alleged involvement in offences of similar nature should not be extended the privilege of anticipatory bail.
6. Taking into account the fact that the motorcycle used in commission of the crime belonged to the petitioner and his participation has surfaced during the course of investigation on the basis of confessional statement of the co-accused as well as statements of his family member, coupled with the fact that the petitioner has two criminal antecedents, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail is rejected.
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7. Accordingly, the present bail application stands dismissed.
(Ajit Kumar, J) shikha/suryadev U T