Gajadhar MandalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90877 of 2025
                        Arising Out of PS. Case No.-78 Year-2025 Thana- CHIHARA District- Jamui
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                 Gajadhar Mandal son of chando Mandal Resident Of Village- Billi Ps- Chihra
                 District -Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Prakash Parasar, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-01-2026                      Heard Mr. Satya Prakash Parasar, learned counsel

                   for the petitioner as well as Mr. Pranav Kumar, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   20.09.2025 in connection with Chihra P.S. Case No. 78 of 2025,

                   F.I.R. dated 16.09.2025 for the offences punishable under

                   Sections 308(3), 308(4), 308(5), 61(2) of the Bharatiya Nyay

                   Sanhita, 2023 and Sections 16, 17, 18,20, 21 of the Unlawful

                   Activities (Prevention) Act.

                               3.      According to prosecution case, on secret

                   information regarding Naxal activities, police reached place of

                   occurrence and found black flag hoisted on the bamboo stick

                   foam plates, pamphlets written in red ink containing threats etc

                   and upon enquiry found that some naxalies have put the above
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          articles with intention to create obstruction in the upcoming

          assembly election by creating fear among the villagers. Hence

          the FIR.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation levelled against

          the petitioner is false and fabricated and nothing has been

          recovered from the conscious possession of the petitioner. The

          petitioner is not named in the FIR and his name transpired

          during investigation on the basis of suspicion and self-

          confessional statement of the petitioner which is recorded in

          paragraph-89 of case diary and and except the aforesaid, no

          other cogent material has come during investigation which

          suggest the involvement of the petitioner in the present

          occurrence and similarly situated co-accused person, namely,

          Govind Mandal has been granted the privilege of regular bail by

          the co-ordinate Bench of this Court vide order dated 15.01.2026

          in Cr. Misc. No. 90602 of 2025. He further submits that the

          police after investigation submitted the charge sheet and the

          petitioner is in custody since 20.09.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and
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          submits that petitioner has confessed his guilt in the present

          occurrence.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and nothing recovered from the

          conscious possession of the petitioner and similarly situated co-

          accused person has been granted the privilege of regular bail by

          the co-ordinate Bench of this Court, 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 the learned Additional Chief Judicial

          Magistrate-2nd, Jamui in connection with Chihra P.S. Case No.

          78 of 2025, subject to 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 absence on two consecutive dates without sufficient

          reason, his 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
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                      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)
Suruchi/-

U      T