Patna High Court
Ramesh MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
The appeal is dismissed and bail is not granted to the appellant.
Summary
The appellant, Ramesh Mandal, appealed against the order rejecting his regular bail petition in a case involving murder (section 365 IPC) later amended to include sections 302, 120(b)/34 IPC and a provision of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the appellant was involved in the disappearance and killing of Shiv Mangal Paswan, linking him through mobile tower data and a confessional statement of a co‑accused. The trial was at an advanced stage with all witnesses examined. The learned Special Public Prosecutor argued that the appellant's role could not be ignored. The High Court, considering the evidence and the stage of trial, refused to grant bail and dismissed the appeal, directing the trial court to conclude the trial within three months.
Issues considered
- Whether bail should be granted to the appellant in view of the mobile tower evidence and confessional statement of a co‑accused
- Whether the addition of charges under sections 302, 120(b)/34 IPC and the SC/ST Act affects the bail considerations
Legislation cited
- Indian Penal Code — s. 120(b), 302, 34, 365
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- bail
- murder
- conspiracy
- IPC
- SC/ST Act
- trial acceleration
- mobile tower evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3506 of 2025
Arising Out of PS. Case No.-11 Year-2024 Thana- KARJA District- Muzaffarpur
======================================================
Ramesh Mandal S/o Suresh Mandal R/o vill - Pokharaira, P.S.- Saraiya,
Distt.- Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Renu Devi W/o Late Shiv Mangal Paswan R/o vill - Mansoorpur, P.S.-
Karja, Distt.- Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs. Smiti Bharti, Adv.
For the Respondent/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 03-04-2026 Heard Mrs. learned counsel for the appellant and
learned Spl.P.P. for the State.
2. That this memo of appeal is directed against the
order dated 06/03/2025 passed in case no. Karja 11/ 2024 (State
vs Ramesh Mandal and Others) arising out of Karja P.S Case
No. 11 of 2024 registered for the offence under section 365 of
Indian Penal Code. Later on Section 302, 120 (b)/ 34 of the
Indian Penal Code was added vide order dated 12/01/2024 and
Section 3 (2) (V) of Scheduled Caste and cheduled Tribes
(Prevention of Atrocities Act) was also added vide order dated
08/04/2024 Judicial Magistrate, Muzaffarpur. The regular bail
petition of the appellant was rejected by the Court of Exclusive
Patna High Court CR. APP (SJ) No.3506 of 2025(7) dt.03-04-2026
2/3
Special Judge SC/ST (POA), Act Muzaffarpur.
3. As per the prosecution story, the informant alleged
that her husband got a call for purchase of the sand who
discloses his name as Ramesh Mandal (the appellant herein). He
went with the vehicle loaded with sand but failed to return
whereafter the case.
4. Investigation took place in the matter and
subsequently, the appellant came into custody and the police
was able to connect the link after the dead body of the
informant’s husband was recovered. It went to the door step of
the appellant.
5. The Co-ordinate Bench had called for the case
diary which has been received and learned Spl.P.P. has taken
this Court to paragraph-57 of the case diary according to which,
the tower location of both the deceased, Shiv Mangal Paswan
and the appellant Ramesh Mandal was same between five to six
PM at Majhauli Khetan Khagra. The deceased mobile gets
switched of thereafter but the mobile of the appellant moves
thereafter alongwith the other accused persons mobile to Dighra
Maniaari up to Sakra Sujawalpur. The tower location of the
appellant from Maniaari goes to Mahua which is the place from
the dead body of Shiv Mangal Paswan was recovered. The
Patna High Court CR. APP (SJ) No.3506 of 2025(7) dt.03-04-2026
3/3
appellant’s tower location from Mahua moves to Sarai, Vaishali
and then to Pokhraira.
6. Learned Spl. P.P. on the other hand submits that the
role of the appellant cannot be ignored in view of the
confessional statement by the co-accused and the trial is also at
the advanced stage inasmuch as all the witnesses have been
examined.
7. Earlier, the Trial Court Report was called for and as
per the letter no. 119 dated 10.03.2026, it has been recorded that
all the witnesses stands examined on 07.03.2026.
8. Considering the submissions of the parties as also
the facts on record, for the present, this Court is not inclined to
extend privilege of bail to the appellant which is accordingly
dismissed.
9. The Trial Court is directed to expedite the trial and
see to it that the same is concluded in next three months.
10. Cr. APP (SJ) No. 3506 of 2025 stands dismissed.
11. I.A.(s) if any, also stands disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U T
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