Ram Sevak Mandal @ Ramsebak Mandal v. The State of Bihar
CR. MISC./28435/2025 · 2025-05-14
Harish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35459 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35459 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28435 of 2025 Arising Out of PS. Case No.-87 Year-2022 Thana- LAUKAHA District- Madhubani ====================================================== Ram Sevak Mandal @ Ramsebak Mandal, S/o Brahm Mandal, R/o Vill.- Jhajhari, P.S. - Laukaha, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 14-05-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Laukaha P.S. Case No. 87 of 2022 registered for the offences punishable under Sections 341, 323, 354(B), 379, 504, 506/34 of the Indian Penal Code.
3. Allegedly while the petitioner was filling earthen soil over the land purchased by the informant and when it was protested, the petitioner along with co-accused Manish Mandal started abusing and also misbehaved and molested the informant. It is further alleged that the petitioner also gave a spade blow over the head of the informant, due to which she sustained injury.
4. Learned Advocate for the petitioner contended that prima facie from the narrations made in the F.I.R., it appears
Patna High Court CR. MISC. No.28435 of 2025(2) dt.14-05-2025 2/3 that there is a land dispute between the parties and in fact, both the parties are close agnates and because of some differences, arising out of land dispute, the present F.I.R. came to be lodged. The impugned order does not speak about any injury, which clearly suggests that the informant has not even sustained any injury. The petitioner is a man of fair antecedent and the present case is nothing, but instituted in order to wreak vengeance and to mount pressure. It has further been submitted that after investigation charge-sheet has been submitted against the petitioner under Sections 341, 323, 354, 504,and 506 of the Indian Penal Code and, as such, no case much less under Section 307 of the Indian Penal Code is made out.
5. On the other hand, learned APP for the State opposes the bail application and submits that the petitioner has been evading from the law, inasmuch, as the case was instituted in the year 2022.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the genesis of the occurrence, as also the absence of the injury report and the fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this
Patna High Court CR. MISC. No.28435 of 2025(2) dt.14-05-2025 3/3
order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 87 of 2022, subject to the condition as laid down under 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.
uday/- (Harish Kumar, J) U T