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Patna High CourtCR. MISC./4532/2026disposed

Vikash Mandal v. The State Of Bihar

2026-02-24Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4532 of 2026 Arising Out of PS. Case No.-177 Year-2025 Thana- DHARHARA District- Munger ====================================================== 1.

Vikash Mandal Son of Jateshwar Mandal R/o Village-Itawa, P.S. - Dharhara, Dist. - Munger.

2.

Lakshman Mandal @ Rahul Kumar @ Rahul Raj @ Lakshman Kumar Son of Munnilal Mandal R/o Village - Raghunathpur, P.S. - Dharhara, Dist. - Munger.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Isha Mishra, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-02-2026 Heard Ms. Isha Mishra, learned counsel for the petitioners and Mr. Pradeep Narain Kumar, learned APP for the State.

2. The petitioners apprehend their arrest in connection with Dharhara P.S. Case No. 177/ 2025 registered for the offence(s) punishable under Section(s) 126(2), 115(2), 118(1), 117(2), 74, 109, 352, 351(2) and 3(5) of the BNS and section 27 of the Arms Act.

3. Learned counsel for the petitioners submits that both the petitioners are alleged to have assaulted Chander Mandal by means of iron rod and sword but only two injuries, being in the nature of tenderness and lacerated wound, were found on his body and the same were opined to be simple in nature and the manner of assault as well as the weapons as alleged in the FIR does not get corroboration from the medical

Patna High Court CR. MISC. No.4532 of 2026(2) dt.24-02-2026 2/3 opinion, against the petitioner no.1, there were two criminal cases but he has been acquitted in both the said cases and the petitioner no.2 bears no criminal antecedent, so, at present against both the petitioners, there is no criminal antecedent. It is further submitted that in actual, on the alleged date of occurrence, the father of the petitioner no.1 was sitting at the door of his house when the husband of the informant, who is accused in several cases, started abusing him and thereafter, petitioner no.1 called the police after dialling 112 and when the police arrived, the informant's husband, Chander Mandal, fled away and thereafter, he and his son, Chotu Kumar, came to the door of the petitioner no.1 and abused him and also assaulted him and thereafter, in defence, the present FIR has been registered. It is lastly submitted that petitioner no.2 is son-in-law of brother of petitioner no.1 and has been falsely roped in the alleged occurrence.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioners and submits that on the person of the injured, Chander Mandal, two injuries were found, out of which one was on a vital part and further, the informant on account of her poor economic condition could not get her husband properly treated at a medical centre.

5. Considering the seriousness of the allegation appearing against the petitioner no.1, which is getting support from the injury report of the informant's husband, this court is not inclined to release the petitioner no.1 on anticipatory bail. Accordingly, his prayer stands rejected.

6. So far as petitioner no.2 is concerned, no corresponding injury attributable to the alleged weapon of

Patna High Court CR. MISC. No.4532 of 2026(2) dt.24-02-2026 3/3 sword was found on the body of the informant's husband though he is alleged to have assaulted him by the said means, so, considering this aspect, this court is inclined to grant relief of anticipatory bail to the petitioner no.2. Accordingly, let the petitioner no.2, named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Dharhara P.S. Case No. 177/ 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J) BKS/- U T