Om Prakash MandalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5332 of 2026
                  Arising Out of PS. Case No.-192 Year-2025 Thana- JHANJHARPUR District- Madhubani
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                 Om Prakash Mandal Son of Bechan Mandal Resident of Village - Machdhi
                 Sukhet, P.S. - Jhanjarpur, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Baidyanath Prasad, Advocate
                 For the Opposite Party/s :      Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                    Heard Mr.Baidyanath Prasad, learned counsel for the

                   petitioner and Mr.Anand Kishore Choudhary, learned A.P.P. for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   29.11.2025 in connection with Jhanjharpur P.S. Case No. 192 of

                   2025, F.I.R. dated 21.11.2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 303(2), 109(1), 352,

                   351(3), 3(5)of BNS.

                                3. Allegation against the petitioner is that he assaulted

                   to the husband of the informant by means of iron rod and also

                   took Rs. 80,000/- from his pocket.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. From a bare

                   perusal of the FIR it appears that the date of occurrence as
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          alleged in the FIR is 12.11.2025 but the present FIR has been

          instituted on 21.11.2025 after delay of nine days without giving

          any explanation of delay afterthought only to falsely implicate

          the petitioner and other co-accused persons in the present case.

          Learned counsel for the petitioner submits that although the

          petitioner is named in the FIR and there is specific allegation

          against the petitioner in the FIR is that he assaulted to the

          husband of the informant by means of iron rod. Although the

          husband of the informant has received the injury but the injury

          report of the husband of the informant suggests that he has

          received five injuries, out of five injuries, three injuries are

          simple in nature and injury Nos.3 and 4 are grievous in nature

          but from a bare perusal of the injury report it appears that the

          same are not on the vital part of the body of the injured person

          rather the same are on the shoulder and left knee of the injured

          person. The petitioner is in custody since 29.11.2025.

                       5. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and petitioner has

          clean antecedent, let the petitioner, above named, be released

          on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of
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                       learned A.C.J.M.-1st, Jhanjharpur, Madhubani in connection

                       with Jhanjharpur P.S. Case No. 192 of 2025, with the following

                       conditions:-

                                    (I) Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the Court

                       and shall remain physically present as directed by the Court and

                       on his/her absence on two consecutive dates without sufficient

                       reason, his/her bail bond shall be cancelled by the Court below.

                                    (II) If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    (III) And, further condition that the 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.



                                              (Rajesh Kumar Verma, J)
Nitesh/-
U        T