Krityanand Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79970 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- PRANPUR District- Katihar ====================================================== 1.
Krityanand Mandal S/O Chaman Mandal R/O Kathghar, Durgapur, P.S.- Pranpur, Dist.- Katihar 2.
Pusheshwar Mandal @ Pushwa S/O Chaman Mandal R/O Kathghar, Durgapur, P.S.- Pranpur, Dist.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-12-2025 Heard Mr. Sanjeev Kumar Singh, learned counsel for the petitioners and Mr. Binod Kumar, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Pranpur P.S. Case No. 114 of 2025, F.I.R. dated 01.06.2025 for the offences punishable under Sections 126(2), 115(2), 76, 109, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that when the informant was constructing bathroom in her land then
2/4 the petitioners along with other co-accused persons came and started abusing and obstructing the construction work. On protest, the accused persons assaulted the informant by means of iron rod and when the informant's father came to rescue her, the accused persons assaulted him also. It is further alleged that one of the accused persons snatched silver chain from the neck of the informant.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. It appears from the FIR that due to admitted land dispute the present occurrence has taken place. Although there is specific allegation against the petitioners that they along with other co-accused persons assaulted the informant and her father but the injury report of the injured persons suggest that injury inflicted upon them is simple in nature caused by hard and blunt substance.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances and the fact that petitioners have clean antecedent and due to admitted land dispute the present occurrence has taken place and injury inflicted upon injured persons is simple in nature, let
3/4 the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 C.J.M., Katihar in connection with Pranpur P.S. Case No. 114 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T