Patna High Court
CR. MISC./59047/2026 of Dalo Mandal @ Dilip Mandal Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59047 of 2026 Arising Out of PS. Case No.-54 Year-2026 Thana- BARIYARPUR District- Munger ====================================================== 1. Dalo Mandal @ Dilip Mandal Son of Late Asharfi Mandal Resident of Village- Brahmasthan, Divan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59047 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- BARIYARPUR District- Munger ======================================================
1.
Dalo Mandal @ Dilip Mandal Son of Late Asharfi Mandal Resident of Village- Brahmasthan, Divan Tola, Ps- Bariarpur, Dist- Munger
2.
Amika Devi @ Ambika Devi wife of Sri Dalo Mandal @ Dilip Mandal Resident of Village- Brahmasthan, Divan Tola, Ps- Bariarpur, Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s
:
Mr. Raj Shekhar, Advocate
For the Opposite Party/s :
Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
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ORAL ORDER
19-08-2026 Heard Mr. Raj Shekhar, learned counsel for the petitioners and Mr. Parmanand Kumar, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bariarpur P.S. Case No. 54 of 2026, F.I.R. dated 03.04.2026 for the offences punishable under Sections 126(2), 115(2), 109(1), 352, 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, on 02.04.2026 at about 9:00 PM, five accused persons including the petitioners, armed with lathis, batons and an iron rod, assaulted the informant over a land dispute. It is further alleged that petitioner no.1 allegedly caused head injuries with an iron rod to the informant and his wife, Indu Devi, when she intervened.
4. Learned counsel for the petitioners submits that Patna High Court CR. MISC. No.59047 of 2026(2) dt.19-08-2026
petitioners have clean antecedent and they have falsely been implicated in the present case. Although the petitioners are named in the FIR and there is specific allegation against petitioner no.1 that he assaulted the informant and his wife but the injury report of the injured persons suggest that injury inflicted upon them is simple in nature. He further submits that there is no specific allegation against petitioner no.2 rather the allegation against her is general and omnibus in nature.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners and submits that petitioner no.1 assaulted the informant and his wife.
6. Considering the aforesaid facts and circumstances and the fact that petitioners have clean antecedent and injury inflicted upon the injured persons are simple in nature and there is no specific allegation against petitioner no.2, let the petitioners, above named, in the event of 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 2nd Additional Chief Judicial Magistrate, Munger in connection with Bariarpur P.S. Case No. 54 of 2026, subject to the conditions as laid down under Patna High Court CR. MISC. No.59047 of 2026(2) dt.19-08-2026
Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
Suruchi/- (Rajesh Kumar Verma, J) U