Niraj Mandal @ Niranjan Mandal @ Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50863 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- KHARIK District- Bhagalpur ====================================================== Niraj Mandal @ Niranjan Mandal @ Neeraj Kumar S/O Kamleshwari Mandal Resident of Village-Naya Tola, Bhawanpura, P.S.-Kharik, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar Jha, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kharik P.S. Case No. 179 of 2024, instituted for the offences punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner assaulted husband of the informant with a bamboo pole on his head and due to which he sustained injuries. It is further alleged that in course of treatment, husband of the informant succumbed to his injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case and Charge has also been framed against the petitioner. No

Patna High Court CR. MISC. No.50863 of 2025(2) dt.07-08-2025 2/2 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of about seventeen days in lodging the FIR. Both the parties are neighbours. It is further submitted that the petitioner had no any intention to kill the deceased. The petitioner is in custody since 13.08.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that there is specific allegation against the petitioner of assaulting husband of the petitioner by means of bamboo pole on his head due to which he sustained injuries and later on succumbed to his injuries in course of treatment. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T