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Patna High Court

Lallan Mandal @ Lallan Mahto @ Manoj Kumar @ Lalan Mandal @ Lalan MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court upheld the lower court’s order rejecting bail, finding no fresh ground to grant it.

Summary

The appellant, Lallan Mandal, was charged with murder (IPC s.302/34), illegal possession of arms (Arms Act s.27) and an offence under the SC/ST (Prevention of Atrocities) Act (s.3(2)(v)). He had been in judicial custody since April 2022 and had repeatedly applied for regular bail, which was rejected on three earlier occasions by the Additional District and Sessions Judge and a coordinate Bench of the High Court. The appellant appealed the order dated 16‑12‑2025 that denied his bail, arguing that he had been detained without sufficient cause. The State opposed the bail, contending there were no fresh grounds and the seriousness of the offences warranted continued custody. The High Court found no new material to merit bail, upheld the lower court’s rejection, and directed the trial court to expedite the trial within a month, granting the appellant the liberty to renew his bail application after two months if the case is not committed.

Issues considered

  • Whether the appellant is entitled to bail despite the seriousness of the offences and prior bail rejections
  • Whether any fresh ground exists to justify granting bail at this stage of the proceedings

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • SC/ST Act
  • criminal procedure
  • high court
  • appeal
  • judicial custody

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.466 of 2026
                      Arising Out of PS. Case No.-19 Year-2022 Thana- CHANAN District- Lakhisarai
                 ======================================================
                 Lallan Mandal @ Lallan Mahto @ Manoj Kumar @ Lalan Mandal @ Lalan
                 Mahto Son of Debaki Mahto @ Debaki Roy R/o Village - Bhandar, P.S. -
                 Chanan, Dist. - Lakhisarai.

                                                                                   ... ... Appellant/s
                                                        Versus

           1.    The State of Bihar,
           2.    Ravindra Kumar Son of Late Shyamsunder Vishwakarma R/o Village -
                 Bhandar, P.S. - Chanan, Dist. - Lakhisarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Mukesh Kumar, Advocate
                 For the Respondent/s    :        Ms.Usha Kumari 1, S.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   10-04-2026              Heard learned counsel for the Appellant and learned SPP

                   for the State.

                            2. The appellant has preferred this appeal against the

                   order dated 16.12.2025 passed by the learned Addl. District and

                   Sessions Judge-I-cum-Special Judge SC/ST, Lakhisarai in B.P.

                   No. 2235 of 2025 whereby the prayer for bail of the appellant in

                   connection with Chanan P.S. Case No. 19 of 2022 for the

                   offences u/s 302/34 of the Indian Penal Code , Section 27 of the

                   Arms Act and Section 3(2)(v) of the SC/ST (Prevention of

                   Atrocities) Act, was rejected.

                            3. Earlier, the regular bail of the appellant was rejected
Patna High Court CR. APP (SJ) No.466 of 2026(3) dt.10-04-2026
                                             2/3




          thrice vide order dated 06.04.2023, 12.01.2024 and 17.02.2025

          passed in Criminal Appeal (S.J) No. 2627/2022, Cr. Appeal (SJ)

          No. 4943 of 2023 and Cr. Appeal (S.J) No. 3323 of 2024,

          regular bail of the petitioner was rejected by a coordinate Bench

          of the Court as well as this Court considering the specific

          allegation against the Appellant of opening fire upon the

          informant’s father with a liberty to renew the prayer after six

          months. The appellant also preferred S.L.P. (Criminal) Diary

          No. 43556 of 2025, which has been dismissed as withdrawn on

          03.09.2025.

                    4. In compliance of the order dated 09.02.2026, a report

          dated 28.03.2026 with regard to the present stage of trial has

          been received. From perusal of the aforesaid report, it appears

          that the record is pending for appearance of accused Deepak

          Mandal. The processes u/s 83 Cr.P.C. has been issued against

          the said appellant Deepak Mandal. There are six witnesses to be

          examined. The record is listed for appearance and commitment.

                    5. Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 01.04.2022

          without any rhymes or reason.

                    6. Learned counsel for the informant and learned APP

          for the State opposes the prayer for grant of bail.
           Patna High Court CR. APP (SJ) No.466 of 2026(3) dt.10-04-2026
                                                        3/3




                               7. There is no fresh ground to consider the bail petition

                     of the petitioner.

                                  8. In view of the above, the prayer for bail of the

                     petitioner is again rejected.

                                  9. The learned trial Court is directed to take sincere

                     effort for commitment of the case within a period of one month

                     from the date of receipt of this order and will also submit a

                     report before this Court. In case of non-commitment of case,

                     liberty is granted to the appellant to renew his prayer for bail

                     after two months.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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