Digambar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51659 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- GHOGHARDIHA District- Madhubani ====================================================== Digambar Mandal S/o- Late Bhagwat Mandal R/o Village- Basuari P.o. Ghoghardiha Chak, Ps- Chanpatia District-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Basant Kumar Choudhary, Sr. Advocate Mr.Arvind Kumar, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-08-2025 Heard Mr. Basant Kumar Choudhary, learned Senior Counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Ghoghardiha P.S. Case No. 52 of 2025 registered for the offences under Sections 126(2), 115(2), 32, 152, 351(2), 3(5) of B.N.S.
3. As per the prosecution case, it is alleged that the petitioner had caused disruption to the public officers in carrying out their duty. It is further alleged that the petitioner used filthy language and also entered into a scuffle and had assaulted the informant who is a Circle Officer.
4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in a concocted case. No such incident as alleged had occurred, and
Patna High Court CR. MISC. No.51659 of 2025(2) dt.11-08-2025 2/3 it was a bona fide protest being made by the petitioner which was with respect to the construction of the Panchayat Bhavan. A further submission is that it was on account of his protest, which did not go well with the officers of local circle office, that he has falsely been implicated. Such fact can also be ascertained from perusal of Annexure 'P/4', which is the injury report which depicts that the injury was simple in nature which was sustained by the injured on his left middle finger. The petitioner has no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Ghoghardiha P.S. Case No. 52 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S.
Patna High Court CR. MISC. No.51659 of 2025(2) dt.11-08-2025 3/3 as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned 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.
7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) tusharika/- U T