Tukan MandalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31792 of 2026
                        Arising Out of PS. Case No.-510 Year-2025 Thana- JHAJHA District- Jamui
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                 Tukan Mandal S/O Late Narayan Mandal R/O Village - Shair, Police Station
                 -Jhajha, District - Jamui

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    XXX S/O YYY R/O Vill.- Baijalpura, Ward No.- 1, P.S- Jhajha, Dist- Jamui.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Pankaj Kumar Sinha, Advocate
                 For the State           :        Mr. Binay Krishna, APP
                 For the Informant       :        Mr. Shailesh Anand, Advocate
                                         :        Mr. Abhiyanshu Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   17-06-2026                     Heard the learned counsel for the petitioner, learned

                   counsel appearing on behalf of the informant and learned APP

                   for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Jhajha P.S. Case No. 510 of 2025, for allegedly having

                   committed offence under Sections 115(2), 126(2), 118(1), 109,

                   74, 351(1), 352 and 3(5) of the B.N.S., Section 8 of the POCSO

                   Act and Sections 3(1)(S), 3(1)(r), 3(2)(va) of the SC/ST (POA)

                   Act.

                                 3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant to

                   the effect that whenever the minor daughter of the informant
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          along with her friend used to go to school, the three accused

          persons named in the First Information Report, used to tease

          them, due to which the daughter of the informant and her friend

          stopped going to school. When she disclosed the incident to the

          informant, then on 24.10.2025, the informant along with his

          brother and sister went to the village of the accused persons. All

          the accused persons, including the petitioner herein started using

          filthy language, including caste related filthy language against

          the informant and others and also assaulted them. The specific

          allegation of assault is there against co-accused Ravi Mandal,

          who assaulted the informant on his head with a tangi, due to

          which he sustained injuries on his head. It has further been

          alleged that co-accused Kundan Mandal assaulted the informant

          on his hand and leg with a stick and co-accused Bhagirath

          Mandal assaulted the informant with tangi and rod due to

          which, the informant received twenty stitches on his head and

          he was referred to Sadar Hospital at Jamui.

                       4. The learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in the

          present case. He further submits that no specific allegation of

          assault is there against the petitioner or even the allegation of

          using filthy language or teasing the daughter of the informant is
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          not against the petitioner. He further submits that there is

          general allegation of using filthy language against all the

          accused persons, including the petitioner. The wife of the co-

          accused Kundan Kumar also lodged a First Information Report

          bearing Jhajha P.S. Case No. 510 of 2025, against the informant

          and five other persons. He further submits that the petitioner has

          got a clean antecedent.

                       5. Per contra, the learned counsel appearing on behalf

          of the informant submits that the petitioner and other accused

          persons used caste based filthy language against the informant

          and his family members in full public view and also assaulted

          the informant, due to which he sustained injuries on his head

          and he also received twenty stitches on his head. He further

          submits that the case is of 2025 and in the case diary, specific

          material has come that the petitioner and others used filthy

          language against the informant and his family members in full

          public view.

                       6. The learned APP for the State vehemently opposes

          the prayer for bail of the petitioner and submits that the

          petitioner and his family members assaulted the informant and

          his family members due to which, the informant sustained

          injuries on his head.
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                       7. Having heard the rival submissions and after going

          through the records and the case diary, it appears that there was

          a free fight in-between the parties for which, case and counter

          case has been lodged. The allegation of assault and teasing the

          daughter of the informant is not against the petitioner, rather the

          specific allegation of assault on the head of the informant is

          there against co-accused Ravi Mandal. Further, allegation of

          assault upon the informant is there against Kundan Mandal and

          Bhagirath Mandal. From perusal of the case diary, it would

          transpire that the witnesses in their statement recorded in

          paragraph nos. 15 and 16 have stated about the occurrence and

          have also stated that both the parties were using filthy language

          but, there is no statement to the effect that any caste related

          filthy language was used against the informant or his family

          members or the petitioner was involved in any such act.

          Considering the facts and circumstances of the case, let the

          petitioner, above named, in the event of arrest or surrender

          within a period of six weeks, be released on bail furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Court (POCSO), Jamui in connection with Jhajha P.S.

          Case No. 510 of 2025, subject to the conditions as laid down
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                     under Section 482(2) of the B.N.S.S, with further condition:

                                  (1) The learned Court concerned shall verify the

                     criminal antecedent of the petitioner and in case at any stage, it

                     is found that the petitioner has concealed his criminal

                     antecedents, the court concerned shall take steps for cancellation

                     of bail bond of the petitioner. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.



                                                 (Ritesh Kumar, J)
Pallavi/Mridula

U      T