Patna High Court
Gauri Shankar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 27
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
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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
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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
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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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