Dilbar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16509 of 2025 Arising Out of PS. Case No.-86 Year-2024 Thana- DHANKUND District- Banka ====================================================== 1.
Dilbar Mandal S/O Late Bhani Mandal R/O Village- Niyagadiya, P.SDhankund, District- Banka. 2.
Girdhari Mandal S/O Late Bhani Mandal R/O Village- Niyagadiya, P.SDhankund, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandan Prasad, Adv.
For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Dhankund P.S. Case No. 86 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 352, 351,(2) and 3(5) of the BNS.
3. On account of a quarrel between the children of the informant and the petitioners, allegedly the petitioner no.2 gave khanti blow over the head of the informant and her son due to which they sustained serious injuries.
4. Learned counsel for the petitioners contended that the very genesis of the occurrence is said to be a quarrel
Patna High Court CR. MISC. No.16509 of 2025(3) dt.13-05-2025 2/3 between the children of both the sides. In fact, on account of a scuffle between the parties, the informant and her son unfortunately sustained some injuries, however, those have been found to be simple in nature. Referring to the FIR, it is contended that all the Sections are bailable, except Section 118(1) of the BNS. The petitioners having fair antecedent, undertake that they will fully abide by the terms and conditions of this Court and would not indulge in such act in future.
5. On the other hand, learned counsel for the State opposed the bail application and submitted that the prosecution case finds support from the injury report that both the informant and her son sustained injuries.
6. Regard being had to the submissions made on behalf of the parties and considering the genesis of the occurrence and the simple nature of injury, coupled with the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Dhankund P.S. Case No. 86 of 2024, subject to the condition as
Patna High Court CR. MISC. No.16509 of 2025(3) dt.13-05-2025 3/3 laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) rohit/- U T