Patna High Court
Paltu Mandal @ Pradeep MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, holding that the circumstances were analogous to a prior bail order and that the petitioner’s alleged involvement did not preclude release on bail.
Summary
The petitioner, Paltu Mandal (also known as Pradeep Mandal), applied for bail in a case registered as Dhamdaha P.S. Case No. 347 of 2025, which alleged his participation in an assault that led to the death of the informant's husband. The prosecution alleged that the petitioner, along with others, arrived armed with lathi and danda and that Sudama Mandal assaulted the victim with a spade, causing death. The petitioner contended that he was falsely implicated, that the FIR only specifically charged Sudama Mandal, and that a co‑accused, Manikchand Mandal, had been granted bail in a similar case. The State and the informant opposed bail, asserting the petitioner’s presence at the scene and his responsibility for the offence. After hearing both sides, the Court found the circumstances comparable to the earlier bail order and, despite the petitioner’s prior criminal antecedent, directed that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, thereby granting bail.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under multiple sections of the Bihar Negotiable Instruments Act, 2023.
- Whether the petitioner’s alleged participation in the assault justifies denial of bail.
- Whether the precedent of granting bail to a co‑accused in a similar case is applicable.
Subjects
- bail
- criminal procedure
- assault
- homicide
- Bihar Negotiable Instruments Act
- pre‑trial detention
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27320 of 2026
Arising Out of PS. Case No.-347 Year-2025 Thana- DHAMDAHA District- Purnia
======================================================
Paltu Mandal @ Pradeep Mandal S/o Sudama Mandal R/o vill - Satmi Bind
Toli, Ward No. 08, P.S.- Dhamdaha, Distt.- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
Mr. Saroj Kumar Choudhary, Advocate
For the Informant : Mr. Rakesh Kumar Jha, Advocate
Mr. Rajesh Kumar, Advocate
Ms. Nazneen Khatoon, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Dhamdaha P.S. Case No. 347 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 115(2),
126(2), 109, 103(1) of BNS, 2023.
3. The case of the prosecution, in short, is that the
petitioner along with others having armed with lathi, danda
arrived. It is alleged that accused Sudama Mandal assaulted
repeatedly with spade on the head of the husband of the
informant due to which he died.
Patna High Court CR. MISC. No.27320 of 2026(2) dt.23-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
falsely been implicated in the case. From perusal of the FIR it is
clear that only allegation of assault is against Sudama Mandal,
the other accused persons have been arrayed as accused but no
over act has been alleged against them. It is further submitted
that similarly situated co-accused, namely, Manikchand Mandal
has been granted regular bail by a coordinate Bench of this
Court vide order dated 21.04.2026 passed in Cr. Misc. No.
26499 of 2026. The case of this petitioner is on similar footing.
Petitioner is having one criminal antecedent. He is in custody
since 01.12.2025.
5. The application for bail is opposed by learned
counsel for the informant and learned APP for the State and
submitted that the petitioner was also present at the place of
occurrence and he is fully responsible for the offence.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Patna High Court CR. MISC. No.27320 of 2026(2) dt.23-04-2026
3/3
Judicial Magistrate, Purnea in connection with Dhamdaha P.S.
Case No. 347 of 2025.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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