Sadhusaran Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62432 of 2025 Arising Out of PS. Case No.-177 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== Sadhusaran Mandal S/o- Late Ramlagan Mandal Resident of VillageBabupur, P.s.- Pirpainty, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Swapnil Kumar Singh, Adv For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-09-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Pirpainty (Bakharpur) P.S. Case no.177/2021 registered under Sections 341, 323,307, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, the allegation in the first information report is that on account of dispute with regard to partition, an incident of assault took place. Co-accused Uday Mandal gave knife blow on the head of the informant due to which, he sustained injury. It is further alleged that petitioner also assaulted the informant by means of lathi and danda on the family of the informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.62432 of 2025(2) dt.12-09-2025 2/3 specific allegation of assault upon the informant on his head by means of Dabiya is on co-accused Uday Mandal and so far as this petitioner is concerned, there is a general allegation of assault by means of lathi on informant's family members. It has further been submitted that the petitioner and the informant are agnates and there was a dispute with regard to partition due to which, the present occurrence took place. It has also been submitted that during the course of investigation, the police submitted final form in favour of the petitioner and the said final form is Annexure-2 to the present application. However, differing with the said final, report cognizance was taken by the learned Magistrate. The learned counsel has also submitted that the petitioner is an old man aged about 71 years suffering with many old age ailments. The petitioner undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that the informant has suffered serious injuries.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that there is general and omnibus allegation levelled against him and the investigating agency found the petitioner innocent and thereafter
Patna High Court CR. MISC. No.62432 of 2025(2) dt.12-09-2025 3/3 cognizance has been taken, it is directed that the petitioner above named, having no criminal antecedent in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Pirpainty (Bakharpur) P.S. Case no. 177/ 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) krishnakant/- U T