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Patna High CourtCR. MISC./49104/2025bail rejected

Rajeev Kumar Mandal v. The State Of Bihar

2025-08-18Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49104 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- DARBHANGA District- Darbhanga ====================================================== 1.

Rajeev Kumar Mandal Son of Umesh Mandal Residents of MohallaLalbagh Police station- Town, Dist- Darbhanga 2.

Sanjeev Kumar Mandal son of son of Umesh Mandal Residents of MohallaLalbagh Police station- Town, Dist- Darbhanga 3.

Sanjay Kumar Mandal son of Umesh Mandal Residents of Mohalla- Lalbagh Police station- Town, Dist- Darbhanga 4.

Pradeep Kumar Mandal @ Pradeep Mandal Son of Late Mishri Mandal Residents of Mohalla- Lalbagh Police station- Town, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Nath Jha, Adv.

For the Opposite Party/s :

Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Town P.S. Case No. 68 of 2025 dated 08.04.2025 registered for the offences punishable u/ss 126(2), 115(2), 118(2), 190, 191(2), 191(3), 109, 103(1), 329(4) of the B.N.S.

3. As per the prosecution case, on 07.04.2025, the petitioners along with the others armed with lathi, iron rod and sword entered the house of the informant and started assaulting

Patna High Court CR. MISC. No.49104 of 2025(2) dt.18-08-2025 2/3 the informant's brother Abhishek Kumar. When Karan Kumar and Dipu Kumar came to rescue him, they were also assaulted with sword due to which they sustained injuries. On hulla, local people assembled there then the accused persons fled away from the spot. The injured was taken to the hospital for treatment and during the course of treatment, the informant's brother died.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is no specific allegation against the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged offence. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 09.04.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners and submitted that the specific allegation of assault is against the petitioners due to which the informant's brother died during the course of treatment. Learned counsel has further submitted that the witnesses of this case namely Aditya Kumar and Sangita Mandal have supported the prosecution case. It is further submitted that as per the postmortem report of the deceased, the deceased sustained grievous

Patna High Court CR. MISC. No.49104 of 2025(2) dt.18-08-2025 3/3 injury on vital part.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioners, I am not inclined to enlarge the petitioners abovenamed on bail.

7. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T