Patna High Court
Raghu MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, four residents of Parsamadho village, sought pre‑arrest bail in connection with a criminal case (Kishanpur P.S. Case No. 94 of 2023) that alleged offences under several IPC sections including assault, grievous hurt and robbery. The incident arose during a Panchayat where the informant, the village Mukhiya, attempted to mediate a dispute but was allegedly attacked by the petitioners with weapons, resulting in injuries to the informant’s son and brother. The petitioners contended that the present case was a retaliatory counter‑case to an earlier complaint (Case No. 93 of 2023) filed by the informant and that the injuries inflicted were simple. The State opposed bail, arguing that the petitioners were the aggressors and should not be granted anticipatory bail. The Court, noting the simple nature of the injuries, the petitioners’ clean antecedent and the existence of a counter‑case, granted bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to pre‑arrest/anticipatory bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 despite the serious charges under the IPC.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- pre‑arrest bail
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- Indian Penal Code
- simple injury
- fair antecedent
- Panchayat dispute
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85730 of 2025
Arising Out of PS. Case No.-94 Year-2023 Thana- KISHANPUR District- Supaul
======================================================
1. Raghu Mandal S/o Late Janak Mandal R/o Village - Parsamadho, Ward No.
12, P.S - Kishanpur, District - Supaul
2. Rajendra Mandal S/o Late Janak Mandal R/o Village - Parsamadho, Ward
No. 12, P.S - Kishanpur, District - Supaul
3. Arjun Mandal @ Arjun Kumar S/o Late Raghu Mandal R/o Village -
Parsamadho, Ward No. 12, P.S - Kishanpur, District - Supaul
4. Mithlesh Kumar @ Mithilesh Mandal S/o Bhupendra Mandal R/o Village -
Parsamadho, Ward No. 12, P.S - Kishanpur, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, Adv.
For the Informant : Mr. Kuldeep Kumar, Adv.
Mr. Shashi Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 05-01-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State as well as learned Advocate for the informant.
2. The petitioners are apprehending their arrest in
connection with Kishanpur P.S. Case No. 94 of 2023, registered
for the offences punishable under Sections 341, 323, 324, 325,
307, 379, 504, 506 and 34 of the Indian Penal Code.
3. The informant who is said to be Mukhiya of Gram
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Panchayat Parsa Magho, on the fateful day went to resolve the
dispute between the parties. In the meanwhile, the petitioners
alongwith others attacked him with sword, stick, gun and spade.
It is specifically alleged that in the said incidence the petitioner
no. 3 caught hold the son of the informant, whereupon the
petitioner no. 4 assaulted him by means of sword, due to which
he sustained serious injuries. There is further allegation of
causing assault to the brother of the informant, besides the
allegation of snatching of valuables levelled against petitioner
no. 1.
4. Learned Advocate appearing on behalf of the
petitioners submitted that there is a counter version of the
present case being Kishanpur P.S. Case No. 93 of 2023
registered against the informant and others and the present case
is nothing but a counterblast to the earlier case instituted by the
informant. In fact, during the course of Panchayati, when the
petitioners alongwith others made a protest with regard to the
bias attitude of the informant, it infuriated the informant and he
started assaulting the petitioners and others, which later on
resulted into a free fight and unfortunate injuries to persons of
both the sides. So far the injuries which are allegedly sustained
to the informant’s son and others are concerned, the same have
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been found to be simple in nature. Moreover, the petitioners are
men of fair antecedent and they undertake that they will fully
cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
and the informant vehemently opposed the pre-arrest bail
application and submits that the petitioners had nothing to do
with the dispute and despite the fact he had gone to resolve the
dispute, he was brutally assaulted by the petitioners and, as
such, they do not deserve the privilege of anticipatory bail.
6. Having considered the submissions set forth by
learned Advocate for the respective parties and taking note of
the case and counter case, coupled with the simple nature of
injury, besides the fair antecedent of the petitioners, let the
petitioners above named be released on bail, in the event of their
arrest or surrender before the court below within a period of four
weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court of Chief Judicial Magistrate, Supaul in
connection with Kishanpur P.S. Case No. 94 of 2023, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023 with the further condition that
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one of the bailors shall be the own/close family members of the
petitioners.
(Harish Kumar, J)
supratim/-
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