Suman Mandal @ Vijay Mandal Ka Chota Ladka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29467 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Suman Mandal @ Vijay Mandal Ka Chota Ladka S/o Vijay Mandal Resident of Village- Hati, Police Station- Biraul, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Biraul P.S. Case No. 130/2024 dated 27.03.2024 registered for the offences punishable under sections 147/ 148/ 149/ 120B/ 186/ 188/ 341/ 342/323/324/325/332/333/353/337/354B/504/506/307 of the Indian Penal Code.
3. As per the prosecution case, the informant got information that a motorcycle was coming rashly and negligently from K. Asthan side and dashed with the tempo. On the same time a police van was coming from the opposite side due to which one person came under the van and died on the
Patna High Court CR. MISC. No.29467 of 2025(2) dt.15-07-2025 2/3 spot. The petitioner and the co-accused persons are alleged to have instigate the 100-200 persons to enter the police station premises with intent to commit untoward incident and about 50 people entered the police station premises and threw the chairs and government documents outside the police station and some people were holding inflammable substance in their hands and sound was coming from the crowd to burn the police station. The petitioner and co-accused persons were identified through video footage with the help of Mahal Chowkidar. The petitioner is alleged to have abused, attacked upon the police party and also assaulted them with lathi, danda causing hindrance in discharging duties of public servant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is made accused in this case due to being member of the mob. There is no specific overt act against the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 15.05.2024 passed in Cr. Misc. No. 36947/2024. The petitioner has no criminal antecedent as stated
Patna High Court CR. MISC. No.29467 of 2025(2) dt.15-07-2025 3/3 in para 3 of the bail petition. The petitioner is in custody since 10.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Biraul P.S. Case No. 130/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T