Sona Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42979 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== 1.

Sona Mandal, aged about 40 years, Gender- Male, son of Late Raghu Mandal, 2.

Ramesh Kumar, aged about 25 years, Gender- Male, son of Dilip Mandal, 3.

Prabhu Mandal, aged about 30 years, Gender- Male, son of Late Narsingh Mandal, 4.

Bheem Mandal @ Bheem Prasad Mandal, aged about 62 years, GenderMale, son of Late Moti Mandal, 5.

Sadanand Kumar, aged about 23 years, Gender- Male, son of Binod Kumar, 6.

Sachin Kumar, aged about 20 years, Gender- male, son of Umacharan Mandal, 7.

Karan Kumar @ Karn Kumar, aged about 26 years, Gender- male, S/o Bhim Mandal, All resident of Village- Batheli, P.S. Muffasil, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Musowir, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Mufassil PS Case No.75 of 2025 dated 18.03.2025, instituted under Sections 126(2), 115(2), 109, 74, 303(2), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in brief, is that on the alleged date of occurrence when the informant was at home, the

Patna High Court CR. MISC. No.42979 of 2025(3) dt.15-10-2025 2/3 petitioners along with other FIR named accused armed with weapons entered into the house with intention to kill. All the accused persons forcibly broke the lock of the box, stolen the jewellery and other items. When family members opposed, they assaulted the informant. Co-accused, Bheem Mandal snatched the gold ear ring worth Rs.40,000/- and Prabhu Mandal assaulted the informant with sword due to which the informant sustained head injury. All the accused persons looted away the food items, clothes and jewellery etc.

4. Learned counsel for the petitioners submits that there is specific allegation against petitioner no.3, Prabhu Mandal, that he assaulted the informant on her head by means of sword, but the injury report of the informant does not corroborate the allegation against him. The injury report of the informant shows that the injury was caused by hard and blunt substance. There is no injury of any sharp edged weapon and the nature of the injury was simple. So far other petitioners are concerned, there is no allegation of assault against them. Lastly, it is submitted that the petitioners have no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.42979 of 2025(3) dt.15-10-2025 3/3 the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in Mufassil PS Case No.75 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T