Buddhan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45559 of 2025 Arising Out of PS. Case No.-429 Year-2024 Thana- GOGRI District- Khagaria ====================================================== Buddhan Mandal Son of Late Brahamdeo Mandal Resident of village - Naya Tola Usri, P.S.- Gogri, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Gogari P.S. Case No. 429 of 2024 instituted for the offences under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that, the accused persons including the petitioner assaulted the informant with lathi-danda near his shop due to which he sustained injuries on his head.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to previous enmity. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged
Patna High Court CR. MISC. No.45559 of 2025(2) dt.23-07-2025 2/2 against the petitioner. Learned counsel further contended that as per FIR, the allegation of assault is against more than ten persons but only one injury has been caused to the informant and the same is grievous in nature. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.04.2025 and has four criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, charge-sheet already being submitted against the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Gogari P.S. Case No. 429 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T