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Patna High Court

Gauri Shankar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the non‑specific nature of the allegations and lack of substantive evidence warranted granting bail to the petitioners.

Summary

The petitioners, Gauri Shankar Mandal and Pappu Mandal, sought bail in a case (Chausa P.S. Case No. 211 of 2025) alleging conspiracy and firing under Section 109(1) of the BNS and Section 27 of the Arms Act. The prosecution alleged that unknown co‑accused fired on the informant’s husband, but the informant’s statement did not specifically name the petitioners. The petitioners argued they were falsely implicated, noting the FIR was lodged after a delay and that the charge sheet named only three accused despite nine being listed in the FIR. The State and the informant contended that the petitioners were among those who fired, causing grievous injuries. The court, finding the allegations against the petitioners vague, lacking substantive material, and considering the prolonged custody, ordered their release on bail with conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail can be granted to the petitioners charged under Section 109(1) of the BNS and Section 27 of the Arms Act.
  • Whether the allegations against the petitioners are sufficiently specific to justify denial of bail.
  • Whether the delay in filing the FIR and the limited charge sheet affect the bail decision.

Legislation cited

Subjects

  • bail
  • conspiracy
  • arms act
  • false implication
  • charge sheet
  • non‑specific allegations
  • delay in FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1006 of 2026
                      Arising Out of PS. Case No.-211 Year-2025 Thana- CHAUSA District- Madhepura
                 ======================================================
           1.     Gauri Shankar Mandal S/O Saryug Mandal Resident of village- Sonma
                  Baliya,Ward No. 04, P.S. Akbarpur ,District- Purnea
           2.    Pappu Mandal Son of Mahesh Mandal Resident of village - Dumra, Ward
                 No. 1 ,P.S. Akbarpur, District- Purnea.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimal Kumar, Adv.
                 For the State            :       Mr.Rajendra Prasad Nat, APP
                 For the Informant        :       Mr. Amarnath Jha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned APP for the State.

                                 2. In the present case, the petitioners seek bail in

                   connection with Chausa P.S. Case No. 211 of 2025, registered

                   for the offences under Sections 109(1) of the BNS and Section

                   27 of the Arms Act.

                                 3. As per the prosecution case, petitioners and other

                   FIR named co-accused persons entered into a conspiracy and

                   towards execution of this conspiracy three unknown co-accused

                   persons fired upon the husband of the informant causing injuries

                   in his chest and right arm.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.1006 of 2026(2) dt.15-01-2026
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          petitioners submits that the petitioners are innocent and have

          been falsely implicated in this case. The informant did not name

          the petitioners for firing upon her husband. Even in the

          statement of the injured Pappu Mandal there is general and

          omnibus allegation levelled against petitioner Pappu Mandal

          that he along with other unknown miscreants fired upon him but

          the petitioners and the informant side are agnates and land

          dispute is admitted. From the FIR it is also clear that three

          unknown persons fired upon the husband of the informant but

          nowhere the informant or her husband stated about the presence

          of the petitioners. Rather the allegation against them is that they

          along with their entire family members conspired for the alleged

          occurrence. Altogether nine persons have been made accused in

          this case but the police after investigation submitted charge

          sheet only against three accused persons, two persons herein and

          one Saryug Mandal and exonerated other six FIR named

          accused persons. Even FIR has been lodged after much delay as

          for an occurrence of 25.07.2025, FIR has been lodged on

          02.08.2025 without any satisfactory explanation. The petitioner

          no. 1 is having antecedent of one case whereas the petitioner no.

          2 is having clean antecedent. They are in custody since

          21.08.2025 and 07.08.2025 respectively and charge sheet has
Patna High Court CR. MISC. No.1006 of 2026(2) dt.15-01-2026
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          been submitted.

                       5. Learned APP appearing for the State and learned

          counsel for the informant oppose the submission made on behalf

          of the petitioners. Learned counsel for the informant submits

          that the informant has named these petitioners along with three

          other co-accused persons who fired upon the husband of the

          informant who sustained gun shot injuries which were found to

          be grievous in nature.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          general and non-specific nature of allegation against the

          petitioners and lack of substantive material to show their

          complicity and also considering submission of charge sheet

          against them and period of custody, the petitioners are directed

          to be released on bail, on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand Only) each with two sureties of the like

          amount       each     to    the     satisfaction    of   learned   SDJM,

          Udakishunganj (Madhepura)/concerned court, in connection

          with Chausa P.S. Case No. 211 of 2025, subject to the condition

          laid down under Section 480(3) of the BNSS and other

          following conditions:

                                  (i) One of the bailors will be a close
             Patna High Court CR. MISC. No.1006 of 2026(2) dt.15-01-2026
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                                               relative of the petitioners.

                                               (ii) The petitioners will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioners will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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