Created by Fuzzy Cloud

Patna High Court

Lalan MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and conditions prescribed under Section 480(3) of the Bihar Negotiable Securities Act.

Summary

The petitioner, Lalan Mandal, applied for bail in a criminal case (Sono P.S. Case No. 231 of 2025) alleging sexual assault under Sections 331(4), 305, 64, 62 and 109 of the Bihar Negotiable Securities Act. The prosecution alleged that the petitioner entered the informant’s house at night and sexually assaulted her. The petitioner contended that he was falsely implicated, had no prior criminal record, and had been in custody since 07‑08‑2025. The State opposed the bail. Considering the charge sheet, the period of custody, the petitioner’s clean antecedent and the submissions of both parties, the court ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the Act, including attendance in court and cancellation on repeated non‑appearance.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged sexual assault under Sections 331(4), 305, 64, 62 and 109 of the Bihar Negotiable Securities Act, given the claim of false implication and the petitioner’s clean antecedent.

Legislation cited

Subjects

  • bail
  • sexual assault
  • false implication
  • criminal procedure
  • Bihar Negotiable Securities Act
  • Section 480(3)
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73728 of 2025
                         Arising Out of PS. Case No.-231 Year-2025 Thana- SONO District- Jamui
                 ======================================================
                 Lalan Mandal S/o- Bhuneshwar Mandal R/o - Tiwari Tand, Pahariapar,
                 Sardhodih, P.S - Sono, District - Jamui
                                                                     ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amar Prakash, Adv.
                 For the Opposite Party/s :       Mr.Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER
4   21-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Sono P.S. Case No. 231 of 2025, registered for

                   the offences under Sections 331(4), 305, 64, 62 & 109 of the

                   BNS.

                                3. As per the prosecution case, the petitioner sexually

                   assaulted the informant after entering her house in the night.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has been falsely implicated

                   in this case. No occurrence as alleged has ever taken place. The

                   petitioner is having clean antecedent and he is in custody since

                   07.08.2025. Charge sheet has been submitted.

                                5. Learned APP appearing for the State opposes the

                   submission made on behalf of the petitioner.

                                6. Having regard to the fact and circumstances and

                   submission made on behalf of the parties and considering the
             Patna High Court CR. MISC. No.73728 of 2025(4) dt.21-01-2026
                                                         2/2




                       submission of charge sheet and period of custody of the

                       petitioner, the petitioner is directed to be released on bail, on

                       furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

                       Only) each with two sureties of the like amount each to the

                       satisfaction of learned ACJM, 2nd Jamui/concerned court, in

                       connection with Sono P.S. Case No. 231 of 2025, subject to the

                       condition laid down under Section 480(3) of the BNSS and

                       other following conditions:

                                               (i) One of the bailors will be a close

                                               relative of the petitioner.

                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-
U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.