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2025 DAILYLAW 77206 (PAT)

Ramjee Mandal v. The State of Bihar

CR. MISC./67866/2025 · 2025-09-24

Partha Sarthy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67866 of 2025 Arising Out of PS. Case No.-183 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== 1. Ramjee Mandal Son of Late Ranu Mandal Resident of Village- Barheta, P.S.- Kalyanpur, District- Samstipur. 2. Rajesh Mandal @ Nago Mandal @ Rajesh Kumar Mandal, Son of Ramjee Mandal Resident of Village- Barheta, P.S. - Kalyanpur, District - Samstipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Anu Priyadarshni, Advocate For the Opposite Party/s : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 2 24-09-2025 1. Heard learned counsel for the parties. 2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Kalyanpur P.S. Case no.183 of 2025, registered under sections 109, 126(2), 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, over a trivial dispute it is stated that the accused petitioner no.2 and one Sanjeev Mandal started to abuse the informant and on his protest, it is stated that they assaulted him with lathi, bhala etc. The informant was taken for treatment to the hospital. 4. Learned counsel for the petitioners submits that from the contents of the F.I.R. it would transpire that the Patna High Court CR. MISC. No.67866 of 2025(2) dt.24-09-2025 2/3 dispute, if any, was absolutely trivial in nature. It is further submitted that no overt act has been alleged so far as petitioner no.1 is concerned. It is further submitted that with respect to the allegation on petitioner no.2, while petitioner no.2 and Sanjeev Mandal are said to have assaulted the informant with lathi, bhala etc., referring to the inquiry report brought on record as Annexure-2 to the petition, only one injury has been found which in the opinion of the doctor was simple in nature. It is thus submitted that the manner of occurrence is other than what has been narrated in the F.I.R. The petitioners have no criminal antecedent. 5. The application for anticipatory bail is opposed by learned A.P.P. for the State. 6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., no overt act having been alleged against petitioner no.1, the submissions made by learned counsel for the petitioners as noted herein above, the contents of the injury report and the petitioners not having any criminal antecedent, it is directed that both the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in Patna High Court CR. MISC. No.67866 of 2025(2) dt.24-09-2025 3/3 connection with Kalyanpur P.S. Case no.183 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur. avinash/- (Partha Sarthy, J) U T