Patna High Court
Jay Kumar Mandal @ Jay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- JITENDRA KUMAR
Holding
The bail petition was rejected, and the petitioner was not released on bail.
Summary
The petitioner, Jay Kumar Mandal, applied for bail in a case registered under multiple sections of the B.N.S, 2023, alleging he assaulted a woman who protested against cutting a banana plant, causing a forehead wound. He claimed innocence, stating the incident stemmed from a family altercation and that he has no prior criminal record. The State opposed the bail, emphasizing the seriousness of the assault on an innocent woman. The court noted the injury to a vital part of the body and was not persuaded by the petitioner's arguments. Consequently, the bail petition was rejected.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the B.N.S, 2023 in light of the alleged assault.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352, 74
Subjects
- bail
- assault
- injury
- criminal procedure
- B.N.S 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76393 of 2025
Arising Out of PS. Case No.-214 Year-2025 Thana- BHARGAMA District- Araria
======================================================
Jay Kumar Mandal @ Jay Kumar, S/O Arun Mandal Resident of village-
Tharua Patti, Ward No. 12, Police Station Bhargama, Dist.- Araria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Kumar Ravish, Advocate
For the State : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Bhargama P.S. Case No. 214 Year-2025,
dated 18.06.2025, registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 74, 303(2), 352 and 3(5)
of the B.N.S, 2023.
3. As per allegation, the Informant was assaulted by
the Petitioner by khanti on her head, resulting into wound on her
forehead and bleeding therefrom when she protested against
cutting a banana plant. There is a corresponding injury report, as
per which, there is a lacerated wound on the left side of her
forehead measuring approx 2 cm x ¼ cm x skin deep. Moreover,
opinion of the Doctor has been reserved.
Patna High Court CR. MISC. No.76393 of 2025(3) dt.23-02-2026
2/2
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that even as per the FIR there is no
repeated assault by the Petitioner and as per the case diary, there
was altercation in the family members of the two sides which
led to this occurrence.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the fact that an innocent lady has been
assaulted by the Petitioner without any rhyme or reason, causing
injury on her forehead, which is vital part of the body, I am not
persuaded to enlarge the Petitioner on bail.
9. The bail petition stands rejected, accordingly.
(Jitendra Kumar, J.)
Chandan/-
U T
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