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Patna High Court

Paltu Mandal @ Pradeep MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

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
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                          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
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                      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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