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Patna High CourtCR. MISC./54099/2025allowed

Naresh Mandal v. The State Of Bihar

2025-11-19Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54099 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- GOGRI District- Khagaria ====================================================== Naresh Mandal, Son of late Nevi Mandal, Village- Nawal Kishore Tola, PsGogri, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Dular Sah, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-11-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Gogri P.S. Case No. 94 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 303(2) and 352 of the Baharatiya Nyaya Sanhita.

3. Allegedly the petitioner alongwith other co-accused persons have assaulted the informant by means of various weapons. It is specifically alleged that this petitioner pointed a pistol towards the informant, whereupon other accused persons have assaulted and snatched the valuables.

4. Learned Advocate appearing on behalf of the petitioner submits that besides the limited allegation that the

Patna High Court CR. MISC. No.54099 of 2025(3) dt.19-11-2025 2/3 petitioner has pointed a pistol towards the informant, there is no allegation of any overt act causing any injury. Moreover, the injury which is allegedly sustained to the person of the informant, are found to be simple in nature. Taking note of the aforesaid fact, other co-accused persons have been allowed privilege of anticipatory bail by a Bench of this Court in Criminal Miscellaneous No. 65471 of 2025 vide order dated 17.09.2025. The petitioner bears fair antecedent.

5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation, coupled with the simple injury and the fair antecedent of the petitioner, besides his case is based on parity, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 94 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

Patna High Court CR. MISC. No.54099 of 2025(3) dt.19-11-2025 3/3 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) supratim/- U T