Gauri Shankar Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90842 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- KALUAHI District- Madhubani ====================================================== 1.

Gauri Shankar Bhandari S/o Late Bechan Bhandari R/o Village- Haripur Majrahi, PS- Kaluahi, Distt- Madhubani 2.

Praveen Kumar Bhandari @ Praveen Bhandari S/o Gauri Shankar Bhandari R/o Village- Haripur Majrahi, PS- Kaluahi, Distt- Madhubani 3.

Pankaj Kumar Bhandari @ Pankaj Bhandari S/o Gauri Shankar Bhandari R/o Village- Haripur Majrahi, PS- Kaluahi, Distt- Madhubani 4.

Geeta Devi W/o Gauri Shankar Bhandari R/o Village- Haripur Majrahi, PSKaluahi, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pintu Kumar Patel, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-01-2026 Heard the learned counsel for the petitioners and the learned counsel for the State.

2. The petitioners apprehend arrest in connection with Kaluahi P.S. Case No. 130 of 2025 registered for offences under Sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioners are accused of assaulting the informant. So far as the petitioner nos. 1, 2 and 3 are concerned, they are said to have assaulted the victim after having come out from the jail in connection with

Patna High Court CR. MISC. No.90842 of 2025(2) dt.28-01-2026 2/3 the Excise Act. So far as the petitioner no. 4 is concerned, she is a woman and there is general and omnibus allegation against her.

4. Considering the allegations levelled against the petitioner nos. 1, 2 and 3, their prayer for anticipatory bail is rejected.

5. They are directed to surrender in the court below within a period of four weeks from today and seek regular bail, if so advised, failing which the Superintendent of Police, Madhubani will take all steps for the arrest of the petitioner.

6. It is, however, made clear that the Court below shall not be prejudiced by this order and shall decide the case of the petitioner nos. 1, 2 and 3 on its merit.

7. So far as the petitioner no. 4 is concerned, considering the fact that she is a woman and there is general and omnibus allegation against her, her prayer for anticipatory bail stands allowed.

8. Accordingly, let the petitioner no. 4, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.90842 of 2025(2) dt.28-01-2026 3/3 learned Judicial Magistrate, 1st Class, Madhubani/concerned Court below in connection with Kaluahi P.S. Case No. 130 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

9. In view of the above, this application is partly allowed.

(Sandeep Kumar, J) Shishir/- U T