Neman Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32349 of 2025 Arising Out of PS. Case No.-346 Year-2024 Thana- SONO District- Jamui ====================================================== 1.
Neman Mandal S/o Late Api Mandal R/o Village- Sono, P.S.- Sono, DistrictJamui 2.
Manju Devi W/o Neman Mandal R/o Village- Sono, P.S.- Sono, DistrictJamui ... ... 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. Mohammed Arif, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Sono P.S. Case No. 346 of 2024 lodged on 15.10.2024, for the offence punishable under Sections 126(2), 115(2), 109(1), 74, 303(2), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioners. It has been alleged in the FIR that all accused persons armed with iron rod, lathi danda entered in the house of informant and started assaulting him and his family members due to which
Patna High Court CR. MISC. No.32349 of 2025(3) dt.13-08-2025 2/3 injury has been caused. The accused persons further tried to outrage the modesty of the female members of the informant's side and also snatched a gold chain and earring.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that from the contents of the FIR, it become crystal clear that sons of the petitioners namely, Rakesh Kumar and Rajesh Kumar have assaulted the informant's side and both of them have already been enlarged on bail. Counsel submits that the informant and petitioners are relatives and land dispute is the basic cause of dispute between them. Counsel submits that for the same date and place of occurrence, there is a case and counter case i.e. one case has been lodged from the petitioners' side bearing Sono P.S. Case No. 347 of 2024 and the present case has been lodged from the informant's side bearing Sono P.S. Case No. 346 of 2024. Counsel further submits that the petitioners have no criminal antecedent and they are husband and wife.
5. Learned APP for the State opposes the prayer for bail of the petitioners but submits that from the record, it transpires that for the same date and place of occurrence, there is a case and counter case from both the sides and injury has
Patna High Court CR. MISC. No.32349 of 2025(3) dt.13-08-2025 3/3 been caused to both the sides.
6. As such, 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 Trial Court 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 B.N.S.S., 2023 to the satisfaction of Judicial Magistrate 1st Class, Jamui, in connection with Sono P.S. Case No. 346 of 2024, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T