ORAL ORDER

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel appearing on behalf of the petitioner submits that petitioner had earlier moved before this Court seeking anticipatory bail by filing Criminal Miscellaneous No.49396 of 2025 and the same came to be rejected by an order dated 11.08.2025, as would manifest from Annexure-P/1. It is next submitted that the instant anticipatory bail application is the second anticipatory bail application but then there is a reason for filing the instant second anticipatory bail application.

3. It is submitted that petitioner herein as informant had filed Araria P.S. Case No.539 of 2022 against Samsul and others with an allegation that the accused persons of Araria P.S. Case No.539 of 2022 had assaulted him by rod leading to injury on his head and temple and the injury was opined to be grievous in nature. Based on Araria P.S. Case No.539 of 2022, Samsul was taken in custody but after his release, the wife of Samsul filed an application before the Superintendent of Police, Araria for constituting a Medical Board for examining the injury of the petitioner as it was alleged by the wife of Samsul that petitioner herein as informant of Araria P.S. Case No.539 of 2022 had not suffered any injury and thus, a false case came to be instituted by petitioner against Samsul and others. The Superintendent of Police, Araria, accordingly, constituted a Medical Board and the Medical Board examined the petitioner and found that he had suffered no injury and based on the said report of the Medical Board, Samsul, the accused of Araria P.S. Case No.539 of 2022, instituted Complaint Case No.1569 of 2023 in the court of learned C.J.M., Araria, based on which cognizance came to be taken against the present petitioner. It is submitted that it was in these circumstances that petitioner had moved before this Court seeking anticipatory bail by filing Criminal Miscellaneous No.49396 of 2025, which came to be rejected by an order dated 11.08.2025. It is submitted that after the anticipatory bail application of the petitioner was rejected by order dated 11.08.2025 in Criminal Miscellaneous No.49396 of 2025, the petitioner again filed an application before the Superintendent of Police, Araria for reconstituting the Medical Board for examining his injury on the ground that the petitioner was never produced nor appeared before the earlier Medical Board, based on the application of the petitioner, the Superintendent of Police, Araria again reconstituted the Medical Board and the petitioner appeared and it was opined by the reconstituted Medical Board that petitioner has suffered grievous injury. Learned counsel appearing on behalf of the petitioner thus, submits that when Araria P.S. Case No.539 of 2022 was instituted, in the said case, the petitioner as informant had specifically alleged that he suffered grievous injury on his head and temple and the same was confirmed by the doctor also but based on an application of the wife of Samsul, a Medical Board was constituted and the said Medical Board gave its opinion that petitioner had not suffered any injury but then it is asserted and submitted that petitioner never appeared before the earlier Board constituted in pursuance of the representation filed by wife of Samsul rather when the complaint case came to be instituted, it was only then the petitioner came to know that earlier a Medical Board was constituted in which someone had appeared and the Medical Board opined as recorded hereinabove and it was only when his anticipatory bail was rejected that he petitioned the Superintendent of Police for constituting a fresh Medical Board and the fresh Medical Board found that petitioner had suffered grievous injury. It is thus, submitted that in the changed circumstances, the second anticipatory bail application is filed.

4. Issue notice to O.P. No.2 both under ordinary process as well as registered cover with A/D, for which requisites