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Patna High CourtCR. MISC./8257/2025disposed

Jitan Mandal @ Jitendra Mandal v. The State Of Bihar

2025-03-06Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8257 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- GORADIH District- Bhagalpur ====================================================== 1.

Jitan Mandal @ Jitendra Mandal Son of Bindeshwari Mandal Resident of Village - Mohanpur, P.S. - Goradih, District - Bhagalpur 2.

Nanko @ Nanki Devi Wife of Jitan Mandal @ Jitendra Mandal Resident of Village - Mohanpur, P.S. - Goradih, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-03-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 126(2), 115(2), 351(2) (3), 109, 3(5) of the B.N.S., 2023.

3. The prosecution case, in brief, is that on 13.09.2024 at 09:00 PM, these petitioners assaulted informant. It is alleged that informant had given Rs. 50,000/- to these petitioners and when he demanded his money, the petitioners abused and assaulted her. It is further alleged that Jitan Mandal (petitioner no. 1) assaulted informant with country-made pistol causing head injury and Nanki Devi (petitioner no. 2) assaulted her with lathi-danda due to which the informant became unconscious.

Patna High Court CR. MISC. No.8257 of 2025(2) dt.06-03-2025 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. As a matter of fact, husband of informant had taken loan from these petitioners and when petitioners demanded the said money, this false and concocted case has been lodged by informant. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that petitioner no. 1 assaulted informant with butt of pistol, as a result of which, she sustained grievous injury.

6. Considering the fact that informant sustained grievous injury, caused by petitioner no.1 (Jitan Mandal), the prayer for anticipatory bail of petitioner no. 1 is rejected.

7. However, considering the fact that petitioner no. 2 is lady, allegation is vague and has got clean antecedent, in the event of her arrest/surrender within a period of eight weeks from today, let the petitioner no. 2 namely Nanko @ Nanki Devi be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhagalpur in connection with Goradih P.S. Case No. 122 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S., 2023.

Patna High Court CR. MISC. No.8257 of 2025(2) dt.06-03-2025 3/3

8. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay U T