Patna High CourtCR. MISC./74425/2025bail granted

Awadhesh Mandal @ Awdhesh Mandal v. The State Of Bihar

2025-11-20Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74425 of 2025 Arising Out of PS. Case No.-162 Year-2025 Thana- BHAWANIPUR District- Purnia ====================================================== Awadhesh Mandal @ Awdhesh Mandal S/o Late Arjun Mandal R/o VillageBhawanipur, P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the State :

Mr. Anant Kumar, APP For the Informant : Mr. Santosh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-11-2025 Supplementary affidavit has been filed on behalf of the petitioner which is taken on record.

2. Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel appearing on behalf of the informant.

3. In the present case, the petitioner seeks bail in connection with Bhawanipur P.S. Case No. 162 of 2025 registered for the alleged offences under Sections 126(2), 127(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of B.N.S.

4. As per prosecution case, while the informant had been going to market on his motorcycle, four youths waylaid him from the motorcycle and took him to the house of the petitioner where the informant was brutally assaulted and

2/4 filthily abused. The informant was assaulted with Dabiya and he got seriously injured.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged in the manner ever took place. The petitioner is the husband of the then MLA of Rupauli Vidhan Sabha and as she had been contesting the election, in order to put the petitioner behind the bar, the instant case has been lodged. The injury of the informant is stated to be simple though it is on back side of left parietooccipital region of head and scalp was also found swollen. Learned counsel further submits as the petitioner was Block Pramukh and had contested several elections and for this reason a large number of false cases have been lodged against him. The petitioner is accused in altogether 52 cases and he has been acquitted in 20 cases and in rest of the cases he is on bail. The petitioner is in custody since 27.08.2025 and charges sheet has been submitted. The matter has been compromised between the parties and compromise petition has been filed before learned Judicial Magistrate, Ist Class, Purnea.

6. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the specific

3/4 allegation against the petitioner is that he abducted the informant and when he was taken in the house of the petitioner, he was assaulted with Dabiya causing injury to him.

7. However, learned counsel appearing on behalf of the informant submits that the injury of the informant is simple in nature and the informant has compromised the matter with the petitioner and does not want to further pursue the case.

8. Having regard to the facts and circumstances and submissions made on behalf of the parties and notwithstanding the criminal antecedent of the petitioner and considering the simple nature of injury caused to the informant, period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea/concerned Court in connection with Bhawanipur P.S. Case No. 162 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present

4/4 on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T