Patna High CourtCR. MISC./12123/2025bail granted

Mukesh Mandal v. The State Of Bihar

2025-10-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12123 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- ISMAILPUR District- Bhagalpur ====================================================== Mukesh Mandal Son of Late Triveni Mandal R/O Village- Moti Tola Pachrashi (Pachchasi), P.S.- Ismailpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Ismailpur P.S. Case No. 115 of 2024, instituted for the offences punishable under Sections 109(1), 118(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that the petitioner has shot the informant on his chest over a land dispute due to which he sustained grievous injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.12123 of 2025(3) dt.07-10-2025 2/3 possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has been implicated in this case due to land dispute and village politics. The allegation levelled against the petitioner is not specific rather the same is general and omnibus in nature. The petitioner is in custody since 11.11.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that the victim has sustained gun-shot injury on his chest and the same is grievous in nature. It is further submitted that there is specific allegation of firing against the petitioner. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ismailpur P.S. Case No. 115 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.12123 of 2025(3) dt.07-10-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T