Chhanguri Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4194 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== 1.

Chhanguri Mandal Son of Paro Mandal Resident of Village - Bangali Tola, P.O. - Kalyanpur, P.S. - Bariyarpur, District - Munger 2.

Nakul Mandal Son of Paro Mandal Resident of Village - Bangali Tola, P.O. - Kalyanpur, P.S. - Bariyarpur, District - Munger 3.

Rohit Mandal Son of Paro Mandal Resident of Village - Bangali Tola, P.O. - Kalyanpur, P.S. - Bariyarpur, District - Munger 4.

Santosh Mandal Son of Paro Mandal Resident of Village - Bangali Tola, P.O. - Kalyanpur, P.S. - Bariyarpur, District - Munger 5.

Dhananjay Mandal Son of Paro Mandal Resident of Village - Bangali Tola, P.O. - Kalyanpur, P.S. - Bariyarpur, District - Munger ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Sadanand Paswan, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 191(2), 191(3), 126(2), 115(2), 109, 103(1) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, all the FIR named accused persons including these petitioners assaulted informant's brother and his father by means of iron rod, lathi as a result of which both of them sustained injuries. Brother of the informant died during treatment.

Patna High Court CR. MISC. No.4194 of 2025(2) dt.20-02-2025 2/2

4. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. F.I.R. has been lodged after delay of more than four days without any explanation which renders the entire prosecution case doubtful. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for bail. He submits that petitioners are named in the FIR with specific allegation that they brutally assaulted brother and father of the informant. Brother of the informant died during treatment.

6. Considering the nature and gravity of allegation, prayer for bail of the petitioners is rejected. (Prabhat Kumar Singh, J) Shashi U T