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Patna High Court – Orders
Mahesh Mandal vs The State Of Bihar on 11 August, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad, Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1486 of 2024
Arising Out of PS. Case No.-66 Year-2021 Thana- BAHERI District- Darbhanga
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1. Mahesh Mandal, S/o Late Ram Prakash Mandal, Resident of village-
Dainikhon, P.S- Baheri, District- Darbhanga
2. Rajeev Kumar, S/o Sri Mahesh Mandal, Resident of village- Dainikhon, P.S-
Baheri, District- Darbhanga
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Adv.,
Md. Imteyaz Ahmad, Adv.,
Mr. Ritwik Thakur, Adv.,
Ms.Vaishnavi Singh, Adv.
For the State : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
4 11-08-2025
Heard Mr. Ajay Kumar Thakur, learned counsel for
the appellants and Mr. Bipin Kumar, learned Additional Public
Prosecutor for the State.
2. The two appellants in this case are seeking
suspension of their sentence and release on bail during
pendency of the appeal.
3. The appellants have been convicted and sentenced
vide Judgment and order dated 21.10.2024 and 11.11.2024
respectively, passed by the learned Additional Sessions Judge-
Patna High Court CR. APP (DB) No.1486 of 2024(4) dt.11-08-2025
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III, Darbhanga in Sessions Trial No. 107 of 2023, arising out of
Baheri P.S. Case No. 66 of 2021 for the offences punishable
under Sections 147, 148, 341/149, 323/149, 336/149, 307/149,
302/149 of the I.P.C. They have been ordered to undergo R.I. for
one year each under Sections 147 and 148 of the Indian Penal
Code, imprisonment of life and fine of Rs. 50,000/- and in
default one year simple imprisonment under Section 302 of the
I.P.C., R.I. for seven years and fine of Rs. 10,000/- and in
default six months simple imprisonment under Section 307 of
the I.P.C., R.I. for six months under Section 323 of the I.P.C.,
R.I. for three months under Section 336 of the I.P.C. and R.I. for
three months under Section 341 of the I.P.C. He however, was
pleased to order that all the sentences shall run concurrently.
4. The prosecution story in brief is that the informant
has alleged that on 09.03.2021 at about 3:00 to 4:00 P.M., his
father was constructing building on his part of the land. All the
accused persons along with five -seven unknown persons came
there and asked his father to stop the work. His father asked as
to why he was being stopped. Then on being ordered by A1, A2
and A3 assaulted the deceased on his head by means of axe
thereby causing injury on head and eyes. Thereafter, A1
assaulted with axe upon his father. His father (the deceased)
Patna High Court CR. APP (DB) No.1486 of 2024(4) dt.11-08-2025
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became unconscious. When Dinesh (brother of the Informant)
went to rescue his father, the accused persons caught hold of
both (the Informant and his brother) and assaulted them with
Khanti and Kulhari. In the meantime, A4 came and assaulted
Dinesh on his head and made injured. The villagers took all
three injured to PHC, Baheri and from where, they were referred
to DMCH, Darbhanga. His father (the deceased) was referred
from DMCH, Darbhanga to PMCH, Patna where he was
struggling with life at the time of Fardbayn. Later he succumbed
to his injuries and Section 302 IPC was added vide order dated
13-04-2021.
5. At the outset, Mr. Ajay Kumar Thakur, learned
counsel for the appellants submits that for the present he would
not press the prayer for bail of the appellant Rajeev Kumar
(appellant no. 2), reserving his right to file a fresh plea as and
when advised.
6. In the circumstances, the prayer made on behalf of
Rajeev Kumar (appellant no. 2) is taken as not pressed. Liberty
is reserved to the appellant no. 2 to file a fresh plea as and when
advised.
7. As regards Mahesh Mandal (appellant no.-1), we
have noticed from the fardbeyan of the informant (PW.-6) that
Patna High Court CR. APP (DB) No.1486 of 2024(4) dt.11-08-2025
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according to him, this appellant had given order to kill,
whereupon Rajeev Kumar and Raushan Mandal had allegedly
assaulted Laxman Mandal (deceased) on his head and eyes,
causing injuries. He has stated in his fardbeyan that thereafter
this appellant had again assaulted his father by an axe.
8. We have noticed from the evidence of the
informant (PW.-6) that in his examination-in-chief, he has not
stated that appellant no. 1 had given any axe blow to the
deceased initially, but he has stated that when his father became
unconscious, then this appellant had assaulted him by an axe.
9. From the evidence of Doctor (PW.-11), we have
noticed that the deceased has suffered an injury on his right
eyebrow and another injury, which was partially healed abrasion
on front of left knee on the frontal region. Apart from this, the
Doctor had found one bruise on right shoulder to elbow, but all
these injuries are said to have been caused by hard and blunt
object.
10. Thus, we have noticed that according to the
Doctor, the injuries were caused by hard and blunt object. This
appellant is in incarceration since 03.07.2021. The alleged
occurrence has taken place between co-sharers in case of a land
dispute over construction of a house, this appeal is of the year
Patna High Court CR. APP (DB) No.1486 of 2024(4) dt.11-08-2025
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2024 which is not likely to be heard in near future, therefore, we
direct suspension of sentence and release on bail of the appellant
Mahesh Mandal (appellant no.1), during pendency of appeal on
furnishing bail bond of Rs. 25,000/- (Twenty five thousand)
with two sureties of the like amount each to the satisfaction of
leanre Additional Sessions Judge-III, Darbhanga in connection
with Sessions Trial No. 107 of 2023, arising out of Baheri P.S.
Case No. 66 of 2021.
11. Fine, if any, imposed as part of the sentence shall
remain suspended during pendency of the appeal.
12. It is made clear that the observations made herein
above are only prima-facie and tentative for the purpose of
suspension of sentence and bail which would not cause
prejudice to the either parties.
13. List this appeal for hearing on it’s turn.
(Rajeev Ranjan Prasad, J)
( Ajit Kumar, J)
pravinkumar/-
U T
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