Bechan Mandal vs The State Of Bihar on 28 May, 2025

Patna High Court – Orders

Bechan Mandal vs The State Of Bihar on 28 May, 2025

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11893 of 2025
                 Arising Out of PS. Case No.-164 Year-2024 Thana- KUMAR KHAND District- Madhepura
                 ======================================================
           1.     Bechan Mandal Son of Late Panchu Mandal Resident of Belari, Ward No. 5,
                  Madhepura, P.S. -Kumarkhand (Belari O.P.), District - Madhepura
           2.     Mukesh Kumar @ Gurchan Mandal @ Gurchun Mandal Son of Bechan
                  Mandal Resident of Belari, Ward No. 5, Madhepura, P.S. -Kumarkhand
                  (Belari O.P.), District - Madhepura
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Supriya Kumari
                 For the Opposite Party/s :     Mr.Surendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

3   28-05-2025

Heard learned counsel for the petitioners and

learned APP for the State.

2. The petitioners have filed the instant application

for grant of regular bail in a case registered for the offences

punishable under Sections 147, 148, 149, 341, 323, 324,

302, 447, 379, 504 of the Indian Penal Code.

3. Prosecution case, in nutshell, is that petitioners

along with other co-accused persons, variously armed, came

and started loading bag of maize. When the informant’s

husband raised protest, accused persons assaulted him due to

which he sustained injuries and succumbed to injuries on way

to hospital.

Patna High Court CR. MISC. No.11893 of 2025(3) dt.28-05-2025
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4. It is submitted by learned counsel for the

petitioners that the petitioners are innocent and they have

falsely been implicated in the present case. There is inordinate

delay of 15 days in lodging the FIR. It is further submitted

that postmortem report does not support the prosecution

version of the case. Additionally, charge-sheet has been

submitted after completing the investigation. Moreover, the

petitioners are languishing in judicial custody for more than

10 months. A statement has been made in para 3 of the

petition that petitioners have no criminal antecedent. Similarly

situated co-accused Prakash Mandal @ Prakash Kumar has

already been granted bail vide order dated 22.01.2025,

passed in Cr. Misc. No. 75602 of 2024 by the co-ordinate

Bench of this Court.

5. Learned APP appearing for the State has

vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and

taking into consideration the facts and circumstances of the

case as well as period of custody, this Court is inclined to

enlarge the petitioners on bail. The above named petitioner is
Patna High Court CR. MISC. No.11893 of 2025(3) dt.28-05-2025
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directed to be enlarged on bail in connection with

Kumarkhand (Belari O.P.) P.S. Case No. 164 of 2024 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 Chief Judicial Magistrate,

Madhepura.

(S. B. Pd. Singh, J)
Nirajkrs/-

U       T