Chandan Kumar Mandal @ Chandan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4491 of 2026 Arising Out of PS. Case No.-347 Year-2024 Thana- SONO District- Jamui ====================================================== Chandan Kumar Mandal @ Chandan Mandal Son of Sato @ Satyanarayan Mandal, Resident of Village- Sono, P.S.- Sono, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Devika Rani, Advocate For the State :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Sono P.S. Case No. 347 of 2024, dated 15.10.2024, registered for the offences punishable under Sections 126(2), 115(2), 303(2), 109(1), 351(2), 352 and 3(5) of BNS, 2023.
3. As per allegation, on account of land dispute, the accused persons including the petitioner assaulted the husband and son of the informant. Specific allegation against the petitioner is that he has assaulted the husband of the informant, namely, Neman Mandal by tangi on his head leading to fracture.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.4491 of 2026(2) dt.04-02-2026 2/3 case. She further submits that all the accused, except the petitioner, have been enlarged on bail by the District Court itself. She further submits that the injury allegedly caused by the petitioner against the alleged victim is simple in nature and hence, Section 307 of the Indian Penal Code is not applicable and the offence become bailable in nature.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Sono P.S. Case No. 347 of 2024, subject to the conditions as laid down
Patna High Court CR. MISC. No.4491 of 2026(2) dt.04-02-2026 3/3 under Section 482 (2) of the B.N.S.S., 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.
9. If the statement of the petitioner regarding injury caused to Neman Mandal is simple in nature, is found to be false, the informant will have liberty to get the bail bond cancelled.
(Jitendra Kumar, J.) ravishankar/- U T