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Patna High Court

Hareram MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to both petitioners upon the condition of a Rs.10,000 bond and two sureties each.

Summary

Hareram Mandal and Bijay Mandal were arrested in connection with a case (PS Kahalgaon case No. 387 of 2021) alleging assault with a knife, extortion of Rs.2,00,000 and threats to kill, punishable under several IPC sections. The petitioners contended that they were falsely implicated because of an ongoing land dispute related to title suit No. 181 of 2021. They had been in custody since October and November 2025 and applied for bail. The State opposed the bail application. The Court, after considering the allegations of false implication and the nature of the dispute, ordered that both petitioners be released on bail upon furnishing a bail bond of Rs.10,000 each with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Bhagalpur.

Issues considered

  • Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the IPC.
  • Whether the alleged land dispute and claim of false implication justify the grant of bail.

Legislation cited

Subjects

  • bail
  • false implication
  • land dispute
  • extortion
  • assault
  • IPC sections 149,341,323,307,384,504,506
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1055 of 2026
                   Arising Out of PS. Case No.-387 Year-2021 Thana- KAHALGAON District- Bhagalpur
                 ======================================================
           1.     Hareram Mandal, male, aged about 40 years, Son of Jogi Mandal, Resident
                  of Village - Amba Baisa, P.S.- Kahalgaon, District - Bhagalpur
           2.    Bijay Mandal, male, aged about 35 years, Son of Jogi Mandal, Resident of
                 Village - Amba Baisa, P.S.- Kahalgaon, District - Bhagalpur

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pankaj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                2. The petitioners are in custody in a case registered

                   for the offence punishable under Sections 149, 341, 323, 307,

                   384, 504 and 506 of the Indian Penal Code.

                                3. As per allegation in the FIR, petitioners are alleged

                   to have assaulted by means of knife on the head of the informant

                   as well as demanded the extortion money of Rs. 2,00,000/- from

                   the informant otherwise threatened to kill him.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have falsely been implicated in this case due to

                   ulterior motive. He next submits that there is previous inimical
           Patna High Court CR. MISC. No.1055 of 2026(2) dt.15-01-2026
                                                       2/2




                     relationship with regard to title suit no. 181 of 2021 pending

                     before learned Sub Judge-I, Bhagalpur as stated in para 9 of the

                     petition and injury is simple in nature and there is land dispute

                     which is going on between them. Petitioner no. 1 is in custody

                     since 15.10.2025 and petitioner no.2 is in custody since

                     23.11.2025 respectively.

                                  5. Learned APP for the State opposes the prayer for

                     bail of the petitioners.

                                  6. In view of the aforesaid facts and circumstances as

                     well as the fact that there is land dispute is going on between

                     them, so let the above named petitioners 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

                     learned CJM, Bhagalpur, in connection with Kahalgaon P.S.

                     case No. 387 of 2021.




                                          (Ramesh Chand Malviya, J)
Brajesh Kumar/-

U      T


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