Sushil Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72148 of 2025 Arising Out of PS. Case No.-90 Year-2024 Thana- BENIPATTI District- Madhubani ====================================================== 1 .
Sushil Mandal S/o Late Jogi Mandal R/o Village- Salha, ward No 2, PSBenipatti, District- Madhubani 2.
Wakil Mandal S/o Late Jogi Mandal R/o Village- Salha, ward No 2, PSBenipatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar , Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Renuka Ratnakar(App125) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 324, 323 , 307, 308 , 379, 504 and 34 of IPC .
3 . As per the prosecution case , on 16.04.2025 at about 05:30 AM, when informant and his sister-in -law were taking water, all the F.I.R. named accused persons including these petitioners armed with various weapons came and petitioner No. 1 assaulted sister-in -law of informant repeatedly with farsa and lathi. It is further alleged that petitioner No. 2 snatched gold nose pin from sister-in law and co-accused Bobby
Patna High Court CR. MISC. No.72148 of 2025(2) dt.14-10-2025 2/3 Mandal snatched gold ring from nephew of informant.
4. Learned counsel for the petitioners contended that allegation of assault is general and omnibus against these petitioners. Injuries sustained by one Ram Iqbal and Heera Devi are simple in nature . Rest of the allegations are ornamental in nature to make the case grave . Petitioners claim clean antecedent.
5 . Learned counsel for the State opposed the bail and submitted that there is specific allegation against petitioner No. 1 that he repeatedly assaulted sister-in -law of informant with farsa due to which she sustained injuries.
6. Considering the nature of accusation against petitioner No. 1 , the prayer for pre - arrest bail of petitioner No. 1 is rejected.
7. Considering the fact that allegation of assault is general and omnibus against petitioner No. 2, clean antecedent and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner No. 2, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM Benipatti Madhubani in connection with Benipatti P.S.
Patna High Court CR. MISC. No.72148 of 2025(2) dt.14-10-2025 3/3 Case No. 90 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T