Mandan Mandal @ Madan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31958 of 2025 Arising Out of PS. Case No.-260 Year-2024 Thana- CHAUSA District- Madhepura ====================================================== 1.
Mandan Mandal @ Madan Kumar, S/o Binod mandal 2.
Chandan Mandal @ Chandan Kumar, S/o Binod Mandal 3.
Manoj Mandal, S/o Binod Mandal All are residents of village- Dhaneshpur, Ward No.07, P.S.- Chausa (Fulaut O.P.), District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Chausa P.S. Case No. 260 of 2024 for the offences under Sections 190, 191 (3), 115 (2), 126 (2), 117 (2), 109 (1), 329 (4), 303 (2), & 76 of BNS, 2023.
3. As per prosecution case, the petitioners and other co-accused persons assaulted the informant and her family members causing a number of injuries to them. The occurrence took place on objection being raised by the informant for throwing the garbage in front of her house by the petitioners.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.31958 of 2025(2) dt.20-05-2025 2/3 petitioners are innocent and have falsely been implicated in this case. The allegations are general and omnibus and there is no specific allegation against any of the accused persons. Though altogether 10 persons assaulted the informant and her family members, but the injury reports do not show receiving of multiple injuries and the injuries are quite simple, as the reports of higher center where victims were referred were not submitted, the doctor opined the injuries to be simple in nature. The injury reports do not support the case of the prosecution as it is not believable that in such assault by the accused persons, only such superficial injuries would occur. The informant and the petitioners are next door neighbour and due to previous enmity, this false case has been lodged. The petitioners are having clean antecedent.
5. Learned APP vehemently opposes the submission made on behalf of the petitioners. Learned APP submits that there is allegation of causing a number of injuries to the victims against the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple and superficial nature of injuries of the victims and further considering the clean antecedent of the petitioners and
Patna High Court CR. MISC. No.31958 of 2025(2) dt.20-05-2025 3/3 probability of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, in connection with Chausa P.S. Case No. 260 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, 2023 and further condition that the petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court. (Arun Kumar Jha, J) V.K.Pandey/- U T