Rajendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65397 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- Gidhaur District- Jamui ====================================================== 1.

RAJENDRA MANDAL, Male, aged about 74 years 2.

Sukh Dev Mandal, Male, aged about 72 years Both are S/o- Dhobi Mandal 3.

Chandan Kumar, Male, aged about 31 years, S/o- Rajendra Mandal All are resident of Village- Mahuligarh Po Ps- Gidhour Dist- jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-09-2025 Heard Mr. Diwakar Prasad Singh, learned counsel appearing on behalf of the petitioners and Ms.Sharda Kumari,, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Gidhaur P.S. Case No. 54 of 2025 registered for the offence(s) punishable under Sections 126(2),115(2),109,303(2),118(1),118(2),351,352 and 3(5) of the BNS.

3. As per the allegation made in the FIR, all the accused persons with a common intention to kill the husband of the informant assaulted repeatedly on the different parts of the body, causing injuries. They also assaulted the informant.

Patna High Court CR. MISC. No.65397 of 2025(2) dt.17-09-2025 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case due to land dispute. He further submitted that general and omnibus allegation has been levelled against petitioners no.1 and 2. So far as petitioner no.3 is concerned, specific allegation against him is that he has assaulted on the hand of the husband of the informant. Petitioners have clean antecedents.

5. Mr. Ram Chandra Singh, learned counsel, has tendered his appearance on behalf of informant and he informs that he has received vakalatnama on behalf of the informant and he will file the same today in the office. He has submitted that all the accused persons with a common intention to kill the husband of the informant, committed the crime in which due to serious injuries, the informant's husband is being treated till date and, as such, the petitioners don't deserve to be released on prearrest bail. 6.Learned APP for the State also vehemently opposed the prayer for grant of pre-arrest bail.

7. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR and also considering the fact that general and

Patna High Court CR. MISC. No.65397 of 2025(2) dt.17-09-2025 3/3 omnibus allegation has been levelled against the petitioners no.1 and 2, the petitioners no. 1 and 2, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1 at Jamui / Concerned Court in connection with Gidhaur P.S. Case No. 54 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners no. 1 and 2 and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

9. So far as petitioner no.3, namely, Chandan Kumar is concerned, in view of specific allegation against him and nature of injuries sustained by the husband of the informant, I am not inclined to grant pre-arrest bail to petitioner no.3.

10. The bail application stands disposed of.

(Purnendu Singh, J) Sanjay/- U T