Diwakar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20240 of 2026 Arising Out of PS. Case No.-406 Year-2025 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.
Diwakar Mandal S/o Late Phuleshwar Mandal R/o Village - Lakhonipur Lalchand, Ward No.5, P.S - Bihariganj, District - Madhepura 2.
Geno Mandal S/o Late Phuleshwar Mandal R/o Village - Lakhonipur Lalchand, Ward No.5, P.S - Bihariganj, District - Madhepura 3.
Tiliya Devi W/o Late Phuleshwar Mandal R/o Village - Lakhonipur Lalchand, Ward No.5, P.S - Bihariganj, District - Madhepura 4.
Sangina Devi @ Lukhari Devi W/o Ganeri Mandal R/o Village - Lakhonipur Lalchand, Ward No.5, P.S - Bihariganj, District - Madhepura 5.
Rubi Devi W/o Diwakar Mandal R/o Village - Lakhonipur Lalchand, Ward No.5, P.S - Bihariganj, District - Madhepura 6.
Runa Devi W/o Geno Mandal R/o Village - Lakhonipur Lalchand, Ward No.5, P.S - Bihariganj, District - Madhepura ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Navjot Yeshu, Advocate Mr. Alok Kumar Singh, Advocate For the Opposite Party :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 08-04-2026 Heard learned counsel for the parties.
2. This application for anticipatory bail arises out of Bihariganj P.S. Case No. 406 of 2025 for the offence punishable under Sections 115(2), 118(1), 109(1), 76, 126(2), 303(2), 352, 351(2), 3(5) of the Bhartiya Nayay Sanhita.
3. As per the written report, when the informant forbid the petitioners and other co-accused from constructing the house over the land and claimed that the land belongs to the informant, the petitioners and other unknown persons brutally
Patna High Court CR. MISC. No.20240 of 2026(2) dt.08-04-2026 2/3 assaulted the informant causing injuries in different parts of the body and when Saraswati Devi came to his rescue, she was also assaulted causing injury to the several parts of the body including her head. When other persons, namely, Pitambar Mandal and Deban Mandal, tried to intervene to save them, they too were assaulted by the accused persons including these petitioners by gadasa causing injuries. There is also allegation of snatching of silver chain from the wife of the informant.
4. Learned counsel for the petitioners has submitted that there is a delay of two days in lodging the FIR and, in fact, the petitioner No. 3 had also lodged Bihariganj P.S. Case No. 405 of 2025, which is on earlier point of time, and the present one against the petitioners has been filed as a counter blast. It is also submitted that from the petitioners' side also several persons were injured and petitioner No.5, a lady, also received grievous injury on her head and the injury report of petitioner No.5 is annexed as Annexure-P/5 to this application and the informant side has not explained the injuries on the persons of petitioner No.5. Moreover, the injuries of the injured persons have been annexed as Annexure-P/4 series and the injuries of all of them are simple in nature. There are serious land dispute between the parties and the petitioners bear clean antecedents.
Patna High Court CR. MISC. No.20240 of 2026(2) dt.08-04-2026 3/3
5. Learned counsel for the State opposed the prayer of anticipatory bail of the petitioners.
6. Considering the facts and circumstances, let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond 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., Udakishunganj, Madhepura, in connection with Bihariganj P.S. Case No. 406 of 2025, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J) Pawan/- U T