Devendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17921 of 2025 Arising Out of PS. Case No.-1188 Year-2022 Thana- SUPAUL District- Supaul ====================================================== 1.

Devendra Mandal S/O Late Sitaram Mandal Resident of Village- Jhakhrahi, Ward No. 27, Police Station and Distt.- Supaul 2.

Ramnarayan Mandal S/O Late Baleshwar Mandal Resident of VillageJhakhrahi, Ward No. 27, Police Station and Distt.- Supaul. 3.

Subodh Kumar S/O Jogendra Mandal Resident of Village- Jhakhrahi, Ward No. 27, Police Station and Distt.- Supaul.

4.

Bhupendra Mandal S/O Late Sitaram Mandal Resident of VillageJhakhrahi, Ward No. 27, Police Station and Distt.- Supaul. 5.

Nathuni Mandal S/O Late Sirichan Mandal Resident of Village- Jhakhrahi, Ward No. 27, Police Station and Distt.- Supaul. 6.

Ashok Mandal @ Ashok Kumar S/O Late Chandeswar Mandal Resident of Village- Jhakhrahi, Ward No. 27, Police Station and Distt.- Supaul. 7.

Dilip Mandal @ Dilip @ Dilik S/O Late Madhu Mandal Resident of VillageJhakhrahi, Ward No. 27, Police Station and Distt.- Supaul. 8.

Shivshankar Mandal S/O Late Jagdeo Mandal Resident of VillageJhakhrahi, Ward No. 27, Police Station and Distt.- Supaul. 9.

Manish Kumar S/O Late Sheetal Mandal Resident of Village- Jhakhrahi, Ward No. 27, Police Station and Distt.- Supaul. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Arun, Advocate For the State :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Supaul P.S. Case No.1188 of 2022 Dated-22.12.2022 registered for the

2/4 offences punishable under Sections 341, 323, 324, 448, 380, 354, 307, 506/34 of the IPC.

3. As per allegation, the petitioner along with the coaccused have assaulted the informant and her family members.

4. Learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that this false case has been lodged by the informant as a counterblast of Supaul P.S. Case No. 1189 of 2022 registered for the offences punishable under Section 341, 323, 324, 307, 379, 506, 34 of the Indian Penal Code. He further submits that after investigation, police has submitted final form in regard to the petitioners finding them innocent. However, learned Magistrate has taken cognizance. He further submits that similarly situated co-accused persons have been enlarged on bail by a co-ordinate bench of this Court vide order dated 23.08.2023 passed in Cr. Misc. No.45596 of 2023.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have 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 petition that the petitioner nos. 1, 3, 6, 7, 8 & 9 have no criminal antecedents whereas the petitioner nos. 2, 4, 5, have been made

3/4 accused in three, one and two cases each.

7. 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 petitioners above-named, to be enlarged on bail, in the event of their 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 their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Concerned Court below, in connection with Supaul P.S. Case No.1188 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their 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,

4/4 learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T