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2026 DAILYLAW 25215 (PAT)

Lalit Mandal v. The state of Bihar

CR. MISC./29199/2026 · 2026-07-15

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29199 of 2026 Arising Out of PS. Case No.-153 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== 1. Lalit Mandal Son of Paras Mandal Resident of Village - Fatehpur, P.S. - Sultangunj, District - Bhagalpur.. 2. Sujit Mandal Son of Sharma Mandal Resident of Village - Fatehpur, P.S. - Sultangunj, District - Bhagalpur.. 3. Pradip Mandal Son of Sharma Mandal Resident of Village - Fatehpur, P.S. - Sultangunj, District - Bhagalpur.. 4. Guddu Mandal @ Guddu Kumar Son of Sharma Mandal Resident of Village - Fatehpur, P.S. - Sultangunj, District - Bhagalpur.. ... ... Petitioner/s Versus The state of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 15-07-2026 Heard the learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Sultanganj P.S. Case No.153 of 2023, F.I.R dated 17.03.2023 registered for the offences punishable under Sections 341, 323, 325, 307, 504 and 506/34 of the Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, on 17.03.2023 at about 3:00 PM, the informant, Gautam Sahni, along with his maternal grandfather, was returning after fishing and had Patna High Court CR. MISC. No.29199 of 2026(3) dt.15-07-2026 2/4 reached near Fatehpur Ghat when the accused persons, including the petitioners, intentionally rammed their boat into the informant's boat. When the informant and his grandfather objected, the accused allegedly assaulted them with lathis and dandas. As a result of the assault, both the informant and his maternal grandfather sustained multiple injuries, including injuries to the head and hands, and the grandfather suffered a fracture in his hand. The accused also allegedly threatened them with dire consequences, claiming they had no fear of the police. Both injured persons were taken to the Referral Hospital, Sultanganj for treatment, where, after first aid, the informant's maternal grandfather was referred to a higher medical facility for further treatment. 4. Learned counsel for the petitioners submits that the alleged incident took place on 17.03.2023 during the course of fishing. It is submitted that both sides have sustained injuries in the said occurrence and the injuries alleged to have been sustained by the informant's grandfather on his right hand and head have been opined by the doctor to be grievous. Learned counsel for the petitioners, on instructions, proposes to provide financial assistance to the informant's grandfather, who is also his family member by paying Rs.10,000/- at the time of Patna High Court CR. MISC. No.29199 of 2026(3) dt.15-07-2026 3/4 furnishing of bail bonds. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Considering the aforesaid facts and circumstances that the injuries are not on the vital part of the body and the petitioners are ready to provide financial assistance to the informant’s maternal grandfather, who is also his family member. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioners. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st Class, Bhagalpur, in connection with Sultanganj P.S. Case No.153 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; Patna High Court CR. MISC. MISC. No.29199 of 2026(3) dt.15-07-2026 4/4 (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. sharun/- (Ajit Kumar, J) U T