Om Prakash Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5332 of 2026 Arising Out of PS. Case No.-192 Year-2025 Thana- JHANJHARPUR District- Madhubani ====================================================== Om Prakash Mandal Son of Bechan Mandal Resident of Village - Machdhi Sukhet, P.S. - Jhanjarpur, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidyanath Prasad, Advocate For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2026 Heard Mr.Baidyanath Prasad, learned counsel for the petitioner and Mr.Anand Kishore Choudhary, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 29.11.2025 in connection with Jhanjharpur P.S. Case No. 192 of 2025, F.I.R. dated 21.11.2025 registered for the offence punishable under Sections 126(2), 115(2), 303(2), 109(1), 352, 351(3), 3(5)of BNS.
3. Allegation against the petitioner is that he assaulted to the husband of the informant by means of iron rod and also took Rs. 80,000/- from his pocket.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. From a bare perusal of the FIR it appears that the date of occurrence as
Patna High Court CR. MISC. No.5332 of 2026(2) dt.28-01-2026 2/3 alleged in the FIR is 12.11.2025 but the present FIR has been instituted on 21.11.2025 after delay of nine days without giving any explanation of delay afterthought only to falsely implicate the petitioner and other co-accused persons in the present case. Learned counsel for the petitioner submits that although the petitioner is named in the FIR and there is specific allegation against the petitioner in the FIR is that he assaulted to the husband of the informant by means of iron rod. Although the husband of the informant has received the injury but the injury report of the husband of the informant suggests that he has received five injuries, out of five injuries, three injuries are simple in nature and injury Nos.3 and 4 are grievous in nature but from a bare perusal of the injury report it appears that the same are not on the vital part of the body of the injured person rather the same are on the shoulder and left knee of the injured person. The petitioner is in custody since 29.11.2025.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and petitioner has clean antecedent, let the petitioner, above named, 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
Patna High Court CR. MISC. No.5332 of 2026(2) dt.28-01-2026 3/3 learned A.C.J.M.-1st, Jhanjharpur, Madhubani in connection with Jhanjharpur P.S. Case No. 192 of 2025, with the following conditions:- (I) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers 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 petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T