Brahamdeo Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19043 of 2026 Arising Out of PS. Case No.-228 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.
Brahamdeo Mandal S/o- Rujhan Mandal R/v- Barail Milik W.No-9, PsSupaul Dist- Supaul 2.
Arun Mandal @ Arun Kumar S/o- Buchi Mandal R/v- Barail Milik W.No-9, Ps- Supaul Dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Jha, Adv For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-03-2026 Heard the parties.
2. The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with Supaul P.S. Case No. 228 of 2020 registered for the offences punishable under Sections 447, 341, 323, 504, 354B, 379, 380, 308 and 34 of the IPC.
3. As per FIR, both petitioners along with other co-accused alleged to assault the informant and her husband by using iron rod causing head and other bodily injuries, which alleged to be made with an intention to cause his death, occurrence alleged to be arising out of land dispute.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.19043 of 2026(2) dt.31-03-2026 2/3 petitioners submitted that occurrene is free fight in nature, where both parties received injuries and for the said occurrence petitioner's side also lodged a case, which has been registered as Supaul P.S. Case No. 214 of 2020. It can be safely gathered that petitioners were not under intention to cause death of husband of informant as occurrence was free fight in nature and moreover, upon medical examination both head injuries appears simple in nature prima-facie negating intention to cause death. While concluding the argument it is submitted that petitioners are men of clean antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of the aforesaid facts and circumstances and by taking note of fact as occurrence was free fight in nature, coupled with the fact as nature of injury as alleged to be caused by petitioner no. 2 on the head of husband of informant found simple in nature, prima-facie negating intention to cause death, accordingly both-above named petitioners, in the event of their arrest or surrender before the learned trial court within a period of four weeks,
Patna High Court CR. MISC. No.19043 of 2026(2) dt.31-03-2026 3/3 are directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul/concerned trial court where the case is pending in connection with Supaul P.S. Case No. 228 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T