Sukhraj Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81276 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- Ghogha District- Bhagalpur ====================================================== 1.
Sukhraj Mandal Son of Jitendra Mandal Resident of Village- Pakki Sarai, P.S.- Ghogha, District - Bhagalpur, PIN - 813205. 2.
Anil Mandal son of Jitendra Mandal Resident of Village- Pakki Sarai, P.S.- Ghogha, District - Bhagalpur, PIN - 813205.
3.
Puja Devi Wife of Sukhraj Mandal Resident of Village- Pakki Sarai, P.S.- Ghogha, District - Bhagalpur, PIN - 813205.
4.
Jitendra Mandal son of Ramdas Mandal Resident of Village- Pakki Sarai, P.S.- Ghogha, District - Bhagalpur, PIN - 813205. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Ranjan, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.
2. The petitioners apprehend their arrest in connection with Ghogha P.S. Case No.47 of 2025 registered for the offences punishable under Sections 126(2), 115, 117, 109, 303(2), 351(2) and 351(3) of the BNS, 2023.
3. The allegation against the petitioners is of causing assault to the informant and his other family members by means of brick, rod and lathi, due to which they sustained serious injuries. There is further allegation of snatching of Rs.30,000/-.
Patna High Court CR. MISC. No.81276 of 2025(2) dt.09-12-2025 2/3
4. Learned Advocate for the petitioners referring to the FIR has contended that besides the omnibus nature of allegation against the petitioners and others, there is a delay of three days in lodging of the FIR. However, the same has not been properly explained. It is further contended that the parties are bickering over a land dispute and prior to the alleged occurrence, the petitioners were subjected to assault by the members of the informant's side, which led to the lodging of Kahalgaon P.S. Case No.772 of 2018. When the trial is started and the witnesses are to be examined by the learned Trial Court, petitioner no.3, who is the informant in the afore-noted case along with others were falsely implicated in this case in order to put pressure and forbade them not to depose in the trial. The petitioners are the persons of fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that out of four persons, one Khusbhu Devi has sustained grievous injury and all the injuries have been attributed to the petitioners.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation, coupled with the delay in
Patna High Court CR. MISC. No.81276 of 2025(2) dt.09-12-2025 3/3 lodging of the FIR as well as the long-standing enmity, besides the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIX, Bhagalpur in connection with Ghogha P.S. Case No.47 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) rohit/- U T