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Patna High CourtCR. MISC./55823/2025bail granted

Kundan Kumar Mandal v. The State Of Bihar

2025-09-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50083 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- RANIGANJ District- Araria ====================================================== Anila Devi W/o Chandeshwar Mandal Resident of village- Gidwas, Ward No. 11, P.S.- Raniganj, Distt- Araria (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 55823 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- RANIGANJ District- Araria ====================================================== Kundan Kumar Mandal S/o Chandeshwar Mandal R/o Village- Gidwas, Ward No. 11, P.S.- Raniganj, District- Araria (Bihar) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 50083 of 2025) For the Petitioner/s :

Mr. Anand Prakash, Advocate Mr. Kumar Ravish, Advocate For the State :

Mr. Murli Dhar, APP For the Informant :

Mr. Rabindra Kumar Priyadarshi, Advocate Mr. Dheeraj Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 55823 of 2025) For the Petitioner/s :

Mr. Anand Prakash, Advocate Mr. Kumar Ravish, Advocate For the State :

Mr. Anil Kumar, APP For the Informant :

Mr. Rabindra Kumar Priyadarshi, Advocate Mr. Dheeraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioners and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2.

The petitioners seek bail in connection with

Patna High Court CR. MISC. No.50083 of 2025(3) dt.19-09-2025 2/3 Raniganj P.S. Case No. 124 of 2025 instituted for the offence under Sections 126(2), 127(2), 329(3), 329(4), 115(2), 118(1), 109, 103(1), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

As per prosecution case, the petitioners and coaccused persons entered into the house of the informant and assaulted the mother of the informant. Petitioners, namely, Kundan Kumar and Anila Devi caught hold of the mother of the informant and co-accused Chandeshwar Mandal, firstly cut her tongue and subsequently stabbed her on the neck causing serious injury to her. Other family members of the informant were also assaulted. The mother of the informant was taken to hospital where she was declared dead.

4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 28-03-2025. Petitioners bear one criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case arising out of an old family dispute where 13 persons, including minors and even those not present at the place of occurrence, were named. Informant himself is not an eyewitness. Investigation exonerated several co-accused, with

Patna High Court CR. MISC. No.50083 of 2025(3) dt.19-09-2025 3/3 evidence showing some were away from the village, and the alleged injuries are simple in nature. Other co-accused has been granted bail by this Court vide order dated 06-08-2025, passed in Cr. Misc. No. 49988 of 2025.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners.

7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioners, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raniganj P.S. Case No. 124 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T