Kallu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56577 of 2025 Arising Out of PS. Case No.-158 Year-2025 Thana- NAANPUR District- Sitamarhi ====================================================== Kallu Mandal S/O Jugeshwar Mandal @ Yogeshwar Mandal R/O Vill.- Sauriya Bari, Sukalu Tol, Ward No.1, P.S.- Bokhra, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the State :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-08-2025 Heard Mr. Pushpendra Kumar Singh, learned counsel for the Petitioner and Mrs. Nirmala Kumari, learned APP for the State.

2. Petitioner seeks regular bail in connection with Nanpur P.S. Case No. 158 of 2025 dated 20.03.2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 75, 303(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita ( in short 'BNS') and later on Section 103(1) of the BNS was added.

3. The main submissions advanced by the petitioner's counsel are that the FIR has been registered against fourteen accused persons including the petitioner, the petitioner and coaccused persons are said to be neighbours of the informant and

Patna High Court CR. MISC. No.56577 of 2025(2) dt.19-08-2025 2/3 all the named accused persons have been alleged to have assaulted the informant's son namely, Raju Mandal (deceased), by using iron rod, bricks and stones but on the body of the deceased, only two injuries were found as per the trial court's order and the first injury was lacerated wound over left forehead and the second was bleeding from nose which perhaps resulted from the first injury. It is further submitted that the petitioner bears no criminal antecedent and in the entire FIR, no specific role of this petitioner in assaulting the deceased has been attributed and he is merely named as one of the fourteen accused persons and the manner of assault as described in the FIR does not find corroboration from the medical findings with respect to the external injuries of the deceased noted in the postmortem examination. It is lastly submitted that the petitioner has been languishing in jail since 01.06.2024.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the aforesaid submissions and mainly the facts that the FIR has been registered against fourteen persons including the petitioner but against this petitioner, there is no specific allegation and on the body of the deceased, only two injuries were found as stated above and also appears from

Patna High Court CR. MISC. No.56577 of 2025(2) dt.19-08-2025 3/3 the trial court's order and also, coupled with the fair and clean antecedent of the petitioner, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Nanpur P.S. Case No. 158 of 2025.

(Shailendra Singh, J) maynaz/- U T