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Patna High CourtCR. MISC./20987/2025bail granted

Yaddu Mandal @ Jaddu Mandal v. The State Of Bihar

2025-04-23Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20987 of 2025 Arising Out of PS. Case No.-300 Year-2024 Thana- KHAIRA District- Jamui ====================================================== 1.

Yaddu Mandal @ Jaddu Mandal S/O Bhatu Mandal R/O Village- Korwadih, P.S.- Khaira, District- Jamui 2.

Sunil Mandal S/O Yaddu Mandal @ Jaddu Mandal R/O Village- Korwadih, P.S.- Khaira, District- Jamui 3.

Anil Mandal S/O Yaddu Mandal @ Jaddu Mandal R/O Village- Korwadih, P.S.- Khaira, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-04-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Khaira P.S. Case No. 300 of 2024, lodged on 10.08.2024, under Sections 3(5)/115(2)/118(2) /127(2) /351(2) / 352 of the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against three named accused persons with allegation that three named

Patna High Court CR. MISC. No.20987 of 2025(2) dt.23-04-2025 2/3 accused persons have surrounded the informant and started abusing for not purchasing the grain seeds from his shop. Upon oppose assault has been made by them with farsa.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that petitioner No.1 is alleged to be the order giver, petitioner No.3 is alleged to have attacked on the informant's son with farsa due to which injury has been caused and the second son of the informant was assaulted by petitioner No.2 with iron rod, due to which injury has been caused. Learned Counsel further submits that the FIR has been registered with delay as the occurrence had taken place on 08.08.2024 and FIR has been instituted on 10.08.2024 and forwarded to the Chief Judicial Magistrate on 11.08.2024. Counsel further submits that for the same date and place of occurrence, case and counter case has been lodged. He submits that Khaira P.S. Case No.

299 of 2024 has been lodged by the petitioners' side whereas Khaira P.S. Case No.300 of 2024 has been lodged by the informant side. He submits that the present case has been filed only with a view to save the skin of the accused persons of Khaira P.S. Case No.299 of 2024.

Patna High Court CR. MISC. No.20987 of 2025(2) dt.23-04-2025 3/3 injury report it becomes crystal clear that both the injuries are simple in nature.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. In the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No.300 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Mkr./- U T