Patna High Court
RAJ KUMAR MANDAL @ RAJU MANDALversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court suspended the appellant’s sentence and granted bail upon bond and sureties.
Summary
Raj Kumar Mandal was denied bail on 30 September 2024 in Criminal Appeal (SJ) No. 3789 of 2023, with the court directing that he could renew his bail application after nine months. The nine‑month period elapsed, and a co‑accused, Lalu Yadav, was granted bail by a coordinate bench on 1 May 2025. The appellant, who has been in custody since 13 March 2023, renewed his bail prayer. The State opposed the application. Considering the elapsed period, the grant of bail to the co‑accused, and the circumstances of the case, the court suspended the appellant’s sentence and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the District and Additional Sessions Judge‑III‑cum‑Special Judge under the SC/ST Act.
Issues considered
- Whether the appellant is entitled to bail after the statutory nine‑month period has elapsed.
- Whether the grant of bail to a co‑accused influences the bail application of the appellant.
Legislation cited
Subjects
- bail
- criminal appeal
- suspension of sentence
- SC/ST Act
- co‑accused bail
- nine‑month period
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5036 of 2025
Arising Out of PS. Case No.-119 Year-2023 Thana- JAGDISHPUR District- Bhagalpur
======================================================
RAJ KUMAR MANDAL @ RAJU MANDAL S/o Haldhar Mandal Resident
of village- Harijan tola puraini, Ps- Jagdishpur, District- Bhagalpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Sri O.P. Das S/o Jethu Das R/o vill - Harijan Tola, Puraini, P.S.- Jagdishpur,
Distt.- Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sumit Kumar
For the Respondent/s : Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 16-02-2026 Heard the learned counsel for the appellant and the
learned APP for the State.
2. Learned counsel for the appellant has submitted
that earlier, the prayer for bail of the appellant was rejected by
this Court vide order dated 30.09.2024 in Cr. Appeal. (SJ) No.
3789 of 2023 but while rejecting his prayer, it was observed by
this Court that the petitioner may renew his prayer for bail after
nine months. It has further been submitted that co-accused Lalu
Yadav @ Lal Mohan Yadav @ Upendra Yadav has been granted
bail by a co-ordinate Bench of this Court vide order dated
01.05.2025 in Cr. Appeal (SJ) No. 1724 of 2024. The appellant
is in custody since 13.03.2023.
Patna High Court CR. APP (SJ) No.5036 of 2025(3) dt.16-02-2026
2/2
3. Learned APP for the State opposed the prayer for
bail of the appellant.
4. The stipulated period of nine months has
completed. The appellant is in custody since 13.03.2023 and co-
accused Lalu Yadav @ Lal Mohan Yadav @ Upendra Yadav has
been granted bail by a co-ordinate Bench of this Court.
5. Considering the above-mentioned facts and
circumstances, let the sentence of the appellant named above be
suspended and he be released on bail during the pendency of
this appeal on furnishing bail bonds of Rs.10,000/- with two
sureties of the like amount each to the satisfaction of learned
District and Additional Sessions Judge-III-cum-Special Judge
under SC/ST Act, Bhagalpur in connection with S.T. No. 757 of
2023 arising out of Jagdishpur P.S. Case No. 119 of 2023.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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