Upendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42193 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- EKCHARI District- Bhagalpur ====================================================== Upendra Mandal Son of Late Hukum Chand Mandal Resident of VillageMohanpur, P.S.- Ekchari, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prerna Anand, Adv.

For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ekchari P.S. Case No. 15 of 2025 instituted for the offences under Sections 126(2), 115(2), 117(2), 109, 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the allegation against the accused persons including the petitioner is of assaulting the Informant and his father by means of lathi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. There is a case and counter case between the parties. Both the

Patna High Court CR. MISC. No.42193 of 2025(2) dt.10-07-2025 2/2 parties are Gotia and there is an admitted land dispute going on between them. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no criminal antecedent and is languishing in judicial custody since 13.04.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ekchari P.S. Case No. 15 of 2025. (Rudra Prakash Mishra, J) rishi/- U T