Nagendra Mandal @ Nage MandalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36265 of 2026
                    Arising Out of PS. Case No.-245 Year-2023 Thana- BASOPATTI District- Madhubani
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                 Nagendra Mandal @ Nage Mandal, S/o Gangay Mandal, R/o Village - Jaso,
                 P.S. - Basopatti, District - Madhubani.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Adv.
                 For the Opposite Party/s :       Ms. Madhuri Lata, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   02-06-2026                  Heard Mr. A.K. Thakur, learned Advocate for the

                   petitioner and learned APP for the State through virtual mode.

                                2. The petitioner apprehends his arrest in connection

                   with Basopatti P.S. Case No.245 of 2023 registered for the

                   offences punishable under Sections 323, 341, 354B, 379, 324,

                   307, 504 and 506/34 of the Indian Penal Code.

                                3. Allegedly, on the exhortation made by this

                   petitioner on the given date and time of occurrence, co-accused

                   Brahamadeo Thakur brutally assaulted the informant by means

                   of a spade on his head, due to which he sustained serious injury.

                   There is further allegation against co-accused Ranjeet Thakur of

                   causing assault to the informant by means of a bamboo stick.

                   Besides, there is allegation of outraging the modesty of the wife

                   of the informant and snatching of valuables by other co-accused
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          persons.

                       4. The learned Advocate for the petitioner, taking this

          Court through the FIR, contended that save and except the

          allegation of exhortation, there is no allegation of any overt act

          against the petitioner. In fact, there was a dispute between the

          families which resulted into a free fight, leading to some

          unfortunate injuries and institution of case and counter-case

          being Basopatti P.S. Case No. 246 of 2023, instituted by the

          wife of the co-accused against the informant and his family

          members. During the course of investigation, no materials have

          been collected against the petitioner and accordingly a final

          report has been submitted showing the petitioner as innocent

          and he has not even been sent up for trial. A copy of the final

          report has been placed on record as Annexure-2. However, differing

          with the final report, the learned Judicial Magistrate 1 st Class,

          Madhubani, has taken cognizance of the offences as alleged in the

          FIR. Hence, the necessity of the present application.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          petitioner is carrying three criminal antecedents, as disclosed in

          para-3 of the bail application and there is a specific accusation

          against the petitioner that he is an order giver.
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                                      6. Having considered the submissions advanced on

                        behalf of learned Advocates for the respective parties and taking

                        note of the nature of accusation, coupled with the fact that the

                        petitioner was not sent up for trial and differing with the final

                        report, the learned Magistrate has taken cognizance for the

                        offences as alleged in the FIR, besides the factum of case and

                        counter-case, let the above named petitioner, be released on bail,

                        in the event of his arrest or surrender before the learned Court

                        below within a period of four weeks from today, on furnishing

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

                        like amount each to the satisfaction of learned Judicial

                        Magistrate 1st Class, Madhubani in connection with Basopatti

                        P.S. Case No.245 of 2023, subject to the condition as laid down

                        under Section 482(2) of the BNSS, with further condition that

                        one of the bailors shall be the own/close family members of the

                        petitioner.



                                                    (Harish Kumar, J)
rohit/-

U         T