Sanjay Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34753 of 2025 Arising Out of PS. Case No.-176 Year-2025 Thana- KATIHAR NAGAR District- Katihar ====================================================== Sanjay Mandal S/o- Jai Kishen Mandal Resident of village- Laliyahi Ward No 10, Police Station- Katihar Sahayak District- Katihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhanshu Prakash Ms. Supriya Kumari For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Town Katihar P.S. Case No. 176 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 303(2), 352, 351(2), 351(3) of BNS and 27 of the Arms Act.
3. As per prosecution case, accused persons including the petitioner along with 20 to 25 unknown persons intercepted the informant's son near Hanuman Temple, Laliyahi and started assaulting him by means of iron rod and gold chain of informant's son was also snatched from his neck. It is also alleged that co-accused Ghanshyam Yadav @ Chhotu Yadav and
Patna High Court CR. MISC. No.34753 of 2025(2) dt.22-05-2025 2/3 his associates shouted by calling caste name. Thereafter, coaccused Vikash Paswan took out country made pistol from his waist and with intention to kill made three to four rounds of firing. However, informant's son managed to escape from the spot.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. He further submits that there is no injury as such, as mentioned in the FIR. Allegation against the petitioner is general and omnibus in nature. There is case and counter case between the parties and on account of animosity between the parties, name of petitioner has been falsely implicated in the present case. He further submits that both parties are co-villagers and next door neighbours. Long standing dispute is going on between the parties. Specific allegation is against co-accused Ghanshyam Yadav @ Chhotu Yadav and Vikash Paswan. Petitioner is not in any way involved in the alleged occurrence.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.34753 of 2025(2) dt.22-05-2025 3/3 case, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Town Katihar P.S. Case No. 176 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) shahzad/- U T