Patna High Court
Raja Kumar Mandal @ Pravesh Mandal @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail under Section 480(3) of the BNSS, subject to the stipulated conditions.
Summary
The petitioner, Raja Kumar Mandal, was arrested in connection with a land‑dispute case (Bhargama P.S. Case No. 104 of 2025) alleging assault, grievous hurt and other offences under several sections of the Bihar Penal Code. The prosecution alleged that the petitioner assaulted the informant with an iron rod, causing serious injuries. The petitioner’s counsel argued that he was falsely implicated, that the dispute arose from an attempt by the informant’s side to seize the petitioner’s land, and that the petitioner has a clean record and was abroad for work at the time of the alleged incident. The State opposed bail. Considering the filing of the charge‑sheet, the petitioner’s custody since 14‑08‑2025, his clean antecedents, and the circumstances of the dispute, the court granted bail on a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the BNSS, including personal surety and attendance requirements.
Issues considered
- Whether the petitioner is entitled to bail in a case involving multiple serious offences under the Bihar Penal Code.
- Whether the conditions imposed under Section 480(3) of the BNSS are appropriate given the facts.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 352, 76
Subjects
- bail
- criminal procedure
- land dispute
- assault
- Bihar High Court
- Section 480(3)
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78100 of 2025
Arising Out of PS. Case No.-104 Year-2025 Thana- BHARGAMA District- Araria
======================================================
Raja Kumar Mandal @ Pravesh Mandal @ Raja Kumar S/o Shambhu Mandal
R/o Village-Sonapur (Paikpar), Ward No.03, P.S. -Bhargama, District- Araria,
Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha, Adv.
For the Opposite Party/s : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Bhargama P.S. Case No. 104 of 2025,
registered for the offences under sections 126(2), 118(1), 115(2),
303(2), 109, 76, 352 & 3(5) of the BNS.
3. As per the prosecution case, petitioner and other co-
accused persons abused and assaulted the informant in the
background of their land dispute. Further allegation against this
petitioner is that he hit on the head of the informant with iron
rod causing a large cut injury and bleeding.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
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falsely implicated in this case. No occurrence as alleged in the
manner has ever taken place. From the FIR it is clear that there
is land dispute between the parties and dispute is over
demarcation of their residential plots. The informant side tried
to forcibly capture 2-3 feet of residential land of the petitioner
and for this reason dispute arose between the parties. The
informant side was aggressor who first attacked the petitioner
side. The victim lady was sitting on a guava tree and throwing
brick bats on petitioner’s house during which she fell down and
sustained injuries on her head and chest. Learned counsel
further submits that petitioner has been working in Punjab for
earning his livelihood and came to his village after the date of
occurrence. Learned counsel further submits that the petitioner
is having clean antecedent and he is in custody since 14.08.2025
and 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
period of custody and submission of charge sheet against the
petitioner, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
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Only) each with two sureties of the like amount each to the
satisfaction of learned CJM, Araria/concerned court, in
connection with Bhargama P.S. Case No. 104 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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