Patna High Court
Raj Kishor Kumar @ Raj Kishor MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail subject to bond, sureties and verification of antecedents.
Summary
The petitioners, a group of agnate relatives involved in a land dispute, were charged under multiple sections of the Bihar Penal Code for assaulting an informant and attempting to outrage the modesty of his daughter‑in‑law. Petitioners 1‑4, 6 and 7 applied for pre‑arrest bail, while petitioner 5 withdrew his application. The State opposed the bail, citing the seriousness of the offences, but the court noted that the allegations were general and omnibus and the injuries were simple. Relying on the principle that pre‑arrest bail may be granted when the case against the accused is not prima facie strong, the court ordered bail subject to a bond and sureties, and directed verification of any pending criminal antecedents. The court also directed the district court to facilitate mediation in line with the Supreme Court’s decision in Naushey Ali v. State of Uttar Pradesh.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the charges under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 74, 303(2), 324(4), 352 and 351(2) of the Bihar Penal Code.
- Whether the presence of general and omnibus allegations and simple injuries justify granting bail.
Subjects
- pre‑arrest bail
- Section 482
- land dispute
- mediation
- Bihar Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91248 of 2025
Arising Out of PS. Case No.-248 Year-2024 Thana- KUMAR KHAND District- Madhepura
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1. Raj Kishor Kumar @ Raj Kishor Mandal, aged about 35 years (male) S/O
Late Deep Narayan Mandal
2. Nand Kishor Kumar @ Nand Kishor Mandal, (male) aged about 38 years
S/O Late Deep Narayan Mandal
3. Akleswari Mandal aged about 55 years (Male) S/O Late Baijnath Mandal
4. Ram Kumar @ Ram Kumar Mandal aged about 23 years (Male) S/O
Akleshwary Mandal
5. Arun Mandal, aged about 45 years (Male) S/O Late Maheshwari Mandal
Petitioner Nos. 1 to 5 residents of Village- Jorabarganj, P.S- Kumarkhand,
Dist.- Madhepura.
6. Jyotish Mandal aged about 40 years (Male) S/O Late Srikant Mandal.
7. Chanchal Kumar @ Chandan @ Chandan Kumar (male) aged about 25
years S/O Late Srikant Mandal
Petitioner Nos. 6 and 7 residents of Village- Jay Rampur Murliganj, P.S-
Murliganj, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard Mr. Sunil Kumar Yadav, learned counsel
appearing on behalf of the petitioners and Mr. Brajendra Nath
Pandey, learned APP for the State.
2. At the outset, learned counsel appearing on behalf
of the petitioners seeks to withdraw the present bail application
on behalf of petitioner no. 5.
3. Accordingly, the present bail application is
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dismissed as withdrawn on behalf of petitioners no. 5.
4. The petitioners no. 1 to 4 and 6, 7 seek pre-arrest
bail in connection with Kumarkhand P.S. Case No. 248 of 2024
registered for the offence punishable under Sections 191(2),
190, 126(2), 115(2), 118(1), 109, 74, 303(2), 324(4), 352 and
351(2) of the BNS.
5. As per the allegation made in the FIR, petitioners
along with other accused persons had assaulted the informant
and his family members causing injuries and had also tried to
outrage the modesty of daughter-in-law of the informant.
6. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. General and
omnibus allegation has been levelled against the petitioners.
Both the parties, who are agnate, were involved in free fight
with respect to a piece of land. Injuries sustained by the
informant side have been found to be simple in nature. On these
grounds, the petitioners no. 1 to 4 and 6, 7 seek to be released
on pre-arrest bail.
7. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
8. Considering the rival submissions made on behalf
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of the parties, as well as, the fact that general and omnibus
allegation has been levelled against the petitioners. Both the
parties, who are agnate, were involved in free fight with respect
to a piece of land. Injuries sustained by the informant side have
been found to be simple in nature, I am of the opinion that
petitioners have, prima facie, made out a case to be released on
pre-arrest bail.
9. The petitioners no. 1 to 4 and 6, 7, above named,
are directed to be released on pre-arrest bail, in the event of their
arrest or surrender before the learned District Court within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Kumarkhand P.S.
Case No. 248 of 2024, subject to the condition as laid down
under Section 482(2) of the BNSS.
10. The learned District Court is directed to verify
the criminal antecedent of the petitioners no. 1 to 4 and 6, 7
as stated in paragraph no. 3 of the bail application. If any
other case is pending against the petitioners no. 1 to 4 and 6,
7 as what has been stated in paragraph no. 3, this order will
lose its force automatically.
11. It is, however, open to the respective parties to
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settle their dispute outside the Court amicably in light of the law
laid down by the Apex Court in the case of Naushey Ali & Ors.
Vs. State of Uttar Pradesh & Anr. reported in (2025) 4 SCC 78.
12. If the parties desire to resolve the dispute outside
the Court amicably by way of mediation, learned District Court
is directed to take necessary steps to issue notices to the
respective parties and upon their appearance, refer the matter
before the learned Mediator of the District Mediation Center by
fixing a date for appearance of the parties to give effect to
Mediation 2.0.
13. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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