Suman Kumar @ Soman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81942 of 2025 Arising Out of PS. Case No.-112 Year-2025 Thana- PIPRA District- Supaul ====================================================== 1.
Suman Kumar @ Soman Kumar S/o- Chandeshwari Mandal @ Chandeshri Mandal @ Chaneshri Mandal Resident of village - Rampur, Ward No. 08, Police Station - Pipra, District - Supaul 2.
Chandeshwari Mandal @ Chandeshri Mandal @ Chaneshri Mandal S/O Late Nawalal Mandal Resident of village - Rampur, Ward No. 08, Police Station - Pipra, District - Supaul 3.
Dinesh Mandal S/o- Late Nawalal Mandal Resident of village - Rampur, Ward No. 08, Police Station - Pipra, District - Supaul 4.
Ramesh Mandal S/o- Late Newalal Mandal Resident of village - Rampur, Ward No. 08, Police Station - Pipra, District - Supaul 5.
Manoj Mandal S/o- Late Newalal Mandal Resident of village - Rampur, Ward No. 08, Police Station - Pipra, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP For the informant :
Mr. Kuldeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-12-2025 Heard Mr. Arun, learned counsel appearing on behalf of the petitioners and Mr. Jharkhandi Upadhyay learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Pipra P.S. Case No. 112/2025 registered for the offence(s)
2/4 punishable under Sections 191(2), 115(2), 118(1), 117(2), 126(2), 74, 303(2), 324(4), 352, 351(2) and 109 of the BNS.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioners have assaulted the informant and her family members, as a result of which, they sustained injuries.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. He further submitted that petitioners and informant are closely related to each-other, being the co-villagers. The genesis of the present FIR is land dispute between the parties and to implicate the petitioners in a false criminal case, criminal flavour has been given in the FIR. There is case and counter case between the parties and due to land dispute, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners may have caused some injury on the persons of the informant and her family members. Petitioners have clean antecedents. Petitioners also intend to compromise with the informant and in this regard, learned cousel relies upon a judgment of the Apex Court in case of Naushey Ali vs. State of U.P., reported in, (2025) 4 SCC 78.
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5. Learned counsel appearing on behalf of the informant and learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR and also the fact that there is case and counter case between the parties and due to land dispute, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners may have caused some injury on the person of the informant and her family members without intention, I am of the opinion that petitioners, who are having clean antecedents, have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of his 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 J.M. 1st Class, Supaul / Concerned Court in connection with Pipra P.S. Case No. 112/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
4/4 criminal antecedent of the petitioners 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.
(Purnendu Singh, J) Sanjay/- U T