IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54729 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- HASANGANJ District- Katihar ====================================================== Dipak Kumar @ Dipak Mandal S/O Sanjay Mandal R/O Village- Mahmadiya, Ward No. 4, P.S.- Hasanganj, Dist.- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Prasad Sah, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Hasanganj P.S. Case No. 44 of 2025 instituted for the offences under Sections 126(2), 127(2), 115(2), 118(1), 117(2), 74, 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. The case of the prosecution is that as per written report of Navita Devi on 04-05-2025 at about 10:30 hours, her husband Shailendra Kumar Bishwas was getting land measured. It is alleged that accused Jiwachh Mandal, со-accused Prakash Mandal, Sanjay Mandal, Rajni Devi, Rina Devi, Romi Kumari, Dipak Kumar (petitioner) armed with khanti, lathi etc. caught her husband and started pressing his neck. It is further alleged Patna High Court CR. MISC. No.54729 of 2025(2) dt.18-08-2025 2/3 that the co-accused Prakash Mandal assaulted with spade on his head. When the informant attempted to protect her husband, she was also pushed and Sanjay Mandal assaulted her with khanti which fortunately did not hit her. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. Though the petitioner is named in the F.I.R. but, there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The specific allegation of assault is against the co-accused Prakash Mandal and Sanjay Mandal. The petitioner has no criminal antecedent and is languishing in judicial custody since 06.05.2025 without any rhymes or reason. Charge-sheet has been submitted in this case. 5. Learned counsel for the petitioner again submits that the co-accused have been granted bail by a Co-ordinate Bench of this Court vide order dated 12.08.2025 passed in Cr. Misc. No. 53655 of 2025. 6. On the other hand, learned A.P.P. for the State has Patna High Court CR. MISC. No.54729 of 2025(2) dt.18-08-2025 3/3 vehemently opposed the prayer for grant of bail to the petitioner. 7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hasanganj P.S. Case No. 44 of 2025. rishi/- (Rudra Prakash Mishra, J) U T