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Patna High Court

Rajesh Kumar @ Rajesh MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
             Patna High Court CR. MISC. No.77262 of 2025(4) dt.17-02-2026
                                                         4/4




                       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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