CR. MISC./85730/2025 of Raghu Mandal Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85730 of 2025 Arising Out of PS. Case No.-94 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== 1. Raghu Mandal S/o Late Janak Mandal R/o Village - Parsamadho, Ward No. 12, P.S - Kishanpur, District - Supaul 2. Rajendra Mandal S/o Late Janak Mandal R/o Village - Parsamadho, Ward No. 12, P.S - Kishanpur, District - Supaul 3. Arjun Mandal @ Arjun Kumar S/o Late Raghu Mandal R/o Village - Parsamadho, Ward No. 12, P.S - Kishanpur, District - Supaul 4. Mithlesh Kumar @ Mithilesh Mandal S/o Bhupendra Mandal R/o Village - Parsamadho, Ward No. 12, P.S - Kishanpur, District - Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Opposite Party/s: Mr. Sanjay Kumar Tiwary, Adv. For the Informant : Mr. Kuldeep Kumar, Adv. Mr. Shashi Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 05-01-2026 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State as well as learned Advocate for the informant. 2. The petitioners are apprehending their arrest in connection with Kishanpur P.S. Case No. 94 of 2023, registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code. 3. The informant who is said to be Mukhiya of Gram Patna High Court CR. MISC. No.85730 of 2025(2) dt.05-01-2026 2/4 Panchayat Parsa Magho, on the fateful day went to resolve the dispute between the parties. In the meanwhile, the petitioners alongwith others attacked him with sword, stick, gun and spade. It is specifically alleged that in the said incidence the petitioner no. 3 caught hold the son of the informant, whereupon the petitioner no. 4 assaulted him by means of sword, due to which he sustained serious injuries. There is further allegation of causing assault to the brother of the informant, besides the allegation of snatching of valuables levelled against petitioner no. 1. 4. Learned Advocate appearing on behalf of the petitioners submitted that there is a counter version of the present case being Kishanpur P.S. Case No. 93 of 2023 registered against the informant and others and the present case is nothing but a counterblast to the earlier case instituted by the informant. In fact, during the course of Panchayati, when the petitioners alongwith others made a protest with regard to the bias attitude of the informant, it infuriated the informant and he started assaulting the petitioners and others, which later on resulted into a free fight and unfortunate injuries to persons of both the sides. So far the injuries which are allegedly sustained to the informant’s son and others are concerned, the same have Patna High Court CR. MISC. No.85730 of 2025(2) dt.05-01-2026 3/4 been found to be simple in nature. Moreover, the petitioners are men 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 and the informant vehemently opposed the pre-arrest bail application and submits that the petitioners had nothing to do with the dispute and despite the fact he had gone to resolve the dispute, he was brutally assaulted by the petitioners and, as such, they do not deserve the privilege of anticipatory bail. 6. Having considered the submissions set forth by learned Advocate for the respective parties and taking note of the case and counter case, coupled with the simple nature of injury, besides the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 94 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that Patna High Court CR. MISC. No.85730 of 2025(2) dt.05-01-2026 4/4 one of the bailors shall be the own/close family members of the petitioners. supratim/- (Harish Kumar, J) U T