Patna High Court
Lalan MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Securities Act — s. 109, 305, 331, 480, 62, 64
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
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