Patna High Court
Hareram MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Indian Penal Code — s. 149, 307, 323, 341, 384, 504, 506
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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