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Patna High CourtCR. MISC./12967/2026disposed

Siru Mandal @ Siro Mandal v. The State Of Bihar

2026-04-29Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12967 of 2026 Arising Out of PS. Case No.-224 Year-2025 Thana- LODIPUR District- Bhagalpur ====================================================== 1.

Siru Mandal @ Siro Mandal S/O Late Singheshwar Mandal @ Late Phogo Mandal R/O Village- Sri Rampurdih, Dariapur, P.S- Lodipur, Distt.- Bhagalpur.

2.

Sukkar Mandal @ Sukar Mandal S/O Late Singeshwar Mandal @ Late Phogo Mandal R/O Village- Sri Rampurdih, Dariapur, P.S- Lodipur, Distt.- Bhagalpur.

3.

Mugdev Mandal @ Mugadh Mandal S/O Late Singheshwar Mandal @ Late Phago Mandal R/O Village- Sri Rampurdih, Dariapur, P.S- Lodipur, Distt.- Bhagalpur.

4.

Prinsh Kumar S/O Siru Mandal @ Siro Mandal R/O Village- Sri Rampurdih, Dariapur, P.S- Lodipur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-04-2026 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Lodipur P.S. Case No. 224 of 2025 for the offence registered under section 103(1), 3(5) of BNS.

3. As per the prosecution story, the informant alleged that in the morning of the fateful day, there was a rumour that his brother is being assaulted. As he reached there, found him in serious condition. Dial 112 was called and in the meantime, on query, the injured brother disclosed that Bandhu and Bablu have assaulted him

Patna High Court CR. MISC. No.12967 of 2026(3) dt.29-04-2026 2/3 and further requested to immediately call 112 so that he could be treated. However, in course of treatment, he died whereafter, the FIR.

4. Learned Counsel for the petitioners submit that both Bandhu and Bablu are sons of the petitioner no. 1, Siru Mandal who is 75 years of age. Further, the second petitioner, Sukkar Mandal is also 72 years old and all the three petitioners are brothers and to implicate them, the present FIR. The last submission is that they do not have criminal antecedent.

5. In this case, the case diary was called for and though learned APP opposes the prayer submitting that the informant has named them, concede that the different witnesses have narrated that the injured gave the name of Bandhu and Bablu who according to learned counsel for the petitioners are in judicial custody.

6. Taking into account the submissions of the parties as also the fact that the main accused, Bandhu and Bablu are in custody, two of these petitioners are aged, all these petitioners are brothers and have no criminal antecedent, in that background, this Court is inclined to grant them the anticipatory bail with conditions.

7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bhagalpur in connection with Lodipur P.S. Case No. 224 of 2025 subject to

Patna High Court CR. MISC. No.12967 of 2026(3) dt.29-04-2026 3/3 condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;

(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T