Patna High Court
Rajesh Kumar @ Rajesh MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioners, finding no intention to cause death and noting only simple injuries.
Summary
The petitioners, a group of residents of Ekchari village, applied for bail in a case (PS No.47 of 2025) alleging assault with a heavy stick and burning with an iron rod, charged under multiple sections of the B.N.S. and the POCSO Act. The victim’s statement under Section 183 indicated that the incident stemmed from a theft dispute and did not involve sexual assault or intent to cause death. The medical report showed only simple injuries caused by a blunt object. The petitioners have no prior criminal record. Considering the nature of the dispute, the lack of lethal intent, and the simple injuries, the court granted bail on a bond of Rs.10,000 with two sureties, subject to cooperation with the trial. The bail order was made jointly for both bail applications arising from the same police case.
Issues considered
- Whether bail should be granted to the accused despite charges under serious sections of the B.N.S. and the POCSO Act
- Whether the facts indicate an intention to cause death or grievous harm warranting denial of bail
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 117(4), 118(2), 126(2), 127(2), 308(4), 308(5), 3(5), 351(2), 352, 74
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- bail
- assault
- theft dispute
- simple injuries
- criminal antecedent
- POCSO Act
- Section 109 B.N.S.
- Section 352 B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77262 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- EKCHARI District- Bhagalpur
======================================================
Radhe Mandal S/o Ramakval Mandal R/o village - Ekchari Diyara, P.S -
Ekchari, District - Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. ABC S/o XYZ R/o Village - Ekchari Diyara, P.S - Ekchari, District -
Bhagalpur, State - Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 78308 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- EKCHARI District- Bhagalpur
======================================================
1. Rajesh Kumar @ Rajesh Mandal S/o- Ramanandal @ Ramanand Mandal
Resident of village- Ekchari Diyara, P.s.- Ekchari, District- Bhagalpur
2. Jogindar Mandal S/o- Late Chhedi Mandal Resident of village- Ekchari
Diyara, P.s.- Ekchari, District- Bhagalpur
3. Mehendra Mandal S/o- Late Dhanraj Mandal Resident of village- Ekchari
Diyara, P.s.- Ekchari, District- Bhagalpur
4. Manoj Kumar S/o- Late Subhash Mandal Resident of village- Ekchari
Diyara, P.s.- Ekchari, District- Bhagalpur
5. Sonu Kumar S/o- Heera Lal Mandal Resident of village- Ekchari Diyara,
P.s.- Ekchari, District- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prakash Mandal S/o- Late Shanti Pd. Mandal R/v- Ekchari Diyara Ps-
Ekchari Dist- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 77262 of 2025)
For the Petitioner/s : Mr. Diwakar Upadhyaya, Adv.
For the Informant Ms. Ayushi Choudhary, Adv.
For the State : Mr. Ashok Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 78308 of 2025)
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr. Swapnil Kumar Singh, Adv.
For the State : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 17-02-2026 As both these bail applications arise from the same
Patna High Court CR. MISC. No.77262 of 2025(4) dt.17-02-2026
2/4
police station case number, hence, with consent of parties, they
are being heard together and disposed of by this common order.
2. Heard N.K. Agrawal, learned senior counsel for the
petitioners in Cr. Misc. No. 78308 of 2025 and Mr. Diwakar
Upadhyay in Cr. Misc. No. 77262 of 2025, learned counsel for
the informant and learned Additional Public Prosecutor for the
State.
3. The petitioners seek bail in a case registered for the
offence punishable under Sections 126(2), 127(2), 115(2),
117(2), 117(4), 118(2), 109, 74, 308(4), 308(5), 352, 351(2),
3(5) of the B.N.S. and Section 8/12 of the POCSO Act.
4. Allegation against the petitioners is of assaulting
the victim and her brother with a heavy stick and also brutally
burning her with iron rod in furtherance of common intention.
5. Learned senior counsel for the petitioners submits
that the First Information Report itself indicates that on account
of some allegations of theft, a dispute had taken place and
consequently an allegation of assaulting the victim girl by the
accused persons has been alleged. However, the statement of the
victim girl herself under Section 183 of the B.N.S.S. has been
pointed out wherein it has been clearly stated that no bad
treatment or any sexual assault etc. has been committed with her
Patna High Court CR. MISC. No.77262 of 2025(4) dt.17-02-2026
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rather she has stated the story in a different manner making
allegations on one Ino Devi and Adhani Mukhiya of having
assaulted her and further allegation on four other persons of
causing some burn injury to her. There is specific allegation
upon one Ino Devi that she had brought the victim from her
house and subsequently when the victim fell unconscious, she
has reached back to her house. It has also been pointed that she
has accepted that there was an allegation of theft of some money
and jewelry upon her belonging to Rajesh Kumar who is one of
the petitioner. Learned counsel has also submitted that at best
this would be a case of teaching a lesson to the victim upon
whom there was an allegation of theft but no allegations of
intention of causing death etc. attracting provisions of Section
109 of the B.N.S. and the provisions of POCSO Act would be
made out. Further, the petitioner is in custody since 09.08.2025
and the medial report indicates that the injury sustained by the
informant are simple in nature caused by hard and blunt object.
6. Learned APP for the State and learned counsel for
the informant have opposed the application for bail by
submitting that there is an allegation on the petitioners in the
First Information Report and even as per the statement under
Section 183 of the B.N.S.S., the name of one of the petitioner
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Sonu Kumar has also been taken.
7. Taking into consideration the facts and
circumstances and also considering the fact that the present case
has arisen out of some dispute over theft of money and jewelry
with no apparent intentions of causing death of the victim
coupled with the fact that the medical report also indicates
simple injuries, let the above named petitioners, who have no
criminal antecedent, be enlarged on bail on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned court below
where the case is pending/successor court in connection with
Ekchari P.S. Case No. 47 of 2025, subject to the conditions that
the petitioner shall cooperate in the conclusion of trial and in
case their non-cooperation, the trial court would be at liberty to
cancel their bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
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