Patna High Court
CR. MISC./58571/2026 of Hero Mahaldar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58571 of 2026 Arising Out of PS. Case No.-113 Year-2026 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Hero Mahaldar S/o Chunnu Mahaldar @ Chunni Mahaldar Resident of Chunapur, Mahaldar Tola,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58571 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- KRITYANAND NAGAR District- Purnia ======================================================
Hero Mahaldar S/o Chunnu Mahaldar @ Chunni Mahaldar Resident of Chunapur, Mahaldar Tola, P.S. - K. Nagar, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Raj Kumar, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioners as well as learned A.P.P. on behalf of the State.
2. The Petitioner has been languishing in judicial custody since 15.04.2026 in connection with the offence punishable under Sections 103(1) and 3(5) of the B.N.S., 2023.
3. As per the allegation made in the F.I.R., it is alleged that the accused persons, along with the petitioner, came their armed with iron rod, sticks and started assaulting the father of the informant. In this regard, the specific allegation of assault has been attributed to one Pawan Mahaldar, who allegedly assaulted the informant’s father, namely, Vimal Mahaldar, on his head with a rod and stick, resulting in his death during the course of medical treatment.
4. Learned counsel for the petitioner submits that, although the petitioner has been named in the First Information Report, the allegation levelled against him are general and omnibus in nature. It is further submitted that there is no specific allegation of assault against the petitioner. The specific allegation of assault has been attributed to Pawan Mahaldar, who allegedly assaulted the informant’s father on his head with a rod and stick.
5. Learned counsel further submits that the petitioner has been implicated in this case on account of family rivalry and previous animosity. It is also submitted that the petitioner has clean antecedents and has remained in custody since 15.04.2026. Learned counsel further submits that the petitioner undertakes not to repeat such an offence and shall abide by any condition imposed by this Court.
6. Learned A.P.P. on behalf of the State has opposed the application, but fairly stated that the allegation of assault is not assigned to the petitioner.
7. Taking into consideration the entire facts and circumstances of the case, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.
10,000/- with two sureties of the like amount each to the satisfaction of learned Court of LD. S.D.J.M., Purnea, in connection with K. Nagar P.S. Case No. 113/2026, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial.
(ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife.
(iii) The petitioner will appear on each and every date fixed by the trial court and if, they fails to do so on two consecutive dates, unless they are prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.
(iv) If petitioner repeats the offence of similar nature, his bail bond shall be liable to be cancelled by Court below after following due process of law.
(v) Before release, the learned Court below shall verify the criminal antecedent of the petitioner and if the petitioner is found involved in any case other than the case as mentioned in para-3 of the bail petition, the bail bond of the petitioner will not be accepted.
(vi) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner.
Prachi/- (Raj Kumar, J) U T