Gauri Shankar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39763 of 2025 Arising Out of PS. Case No.-37 Year-2024 Thana- Lalamnia District- Madhubani ====================================================== Gauri Shankar Mandal, S/o Late Bachelal Mandal, R/o Village- Santnagar, P.S.- Lalmaniya, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Adv.

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-09-2025

1. Heard Mr. Gagandeo Yadav. learned counsel for the petitioner and Mrs. Nirmala Kumari, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Lalmaniya P.S. Case No. 37 of 2024 dated 11.06.2024 registered for the offence(s) punishable under Section(s) 341, 323, 354, 308, 379, 34 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that FIR has been registered against six accused including the petitioner, as per the allegation this petitioner assaulted the informant on his head by means of lathi but the informant's injury which has been opined to be simple in nature, does not corroborate the use of lathi as the said injury has been

Patna High Court CR. MISC. No.39763 of 2025(4) dt.03-09-2025 2/2 opined as being caused by sharp object which in itself falsifies the allegation levelled against this petitioner. It is further submitted that the FIR was registered seven days after the commission of the alleged occurrence without explaining the delay. It is lastly submitted that the petitioner has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case and considering the aforesaid submissions advanced by petitioner's counsel, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner namedabove, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Lalmaniya P.S. Case No. 37 of 2024 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. (Shailendra Singh, J) Rajiv/- U T