Patna High Court

Manoj Kumar Mandal @ Munnu Mandal @ Mannu MandalversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Manoj Kumar Mandal applied for bail in a murder case (Sabour P.S. Case No. 329 of 2024) under Sections 103(1) and 3(5) of the B.N.S., 2023. The prosecution alleged that unknown persons murdered the informant's husband, and the petitioner’s name surfaced only through the confessional statement of co‑accused Abhishek Kumar. The petitioner argued he was falsely implicated, there were no eyewitnesses, no material was recovered from him, and similar co‑accused had been granted bail. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court found the evidence against the petitioner insufficient to deny bail and ordered his release on a bail bond of Rs. 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the only evidence being a co‑accused’s confessional statement.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Whether the nature of the offence and the circumstances warrant denial of bail.

Legislation cited

B.N.S., 2023 — s. 103(1), 3(5)

Subjects

bail
murder
confessional statement
co‑accused
judicial custody
criminal antecedent
B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10309 of 2026
                      Arising Out of PS. Case No.-329 Year-2024 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Manoj Kumar Mandal @ Munnu Mandal @ Mannu Mandal S/O Late Shiv
                 Mandal R/O Vill.- Shankarpur, P.S- Sabour, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajive Ranjan Singh, Advocate
                                                  Mr. Shashi Skekhar Shandilya, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   10-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Sabour P.S. Case No. 329 of 2024 registered for the

                   offence punishable under Sections 103(1), 3(5) of the B.N.S.,

                   2023.

                                 3. The case of the prosecution, in short, is that

                   unknown accused persons have committed murder of the

                   husband of the informant.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the FIR was lodged against unknown
Patna High Court CR. MISC. No.10309 of 2026(4) dt.10-04-2026
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          miscreants. During the course of the investigation, the name of

          the petitioner has surfaced on the basis of the confessional

          statement of the co-accused, Abhishek Kumar @ Visheshwar.

          He further submits that save and except the confessional

          statement of the co-accused, there is nothing against the

          petitioner. In the entire record of the case, there is no eyewitness

          of the occurrence. No recovery has been made from the

          possession of the petitioner. He further submits that the

          recovery, if any, has been made on the disclosure of co-accused,

          Abhishek Kumar. He further submits that similarly situated

          other co-accused have been granted bail vide Cr. Misc. Nos.

          88083 of 2024 and 15695 of 2025. The case of this petitioner

          stands on similar footing. Moreover, the petitioner is

          languishing in judicial custody since 09.10.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of two cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
           Patna High Court CR. MISC. No.10309 of 2026(4) dt.10-04-2026
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                     of the like amount each to the satisfaction of the learned District

                     & Additional Sessions Judge-XI, Bhagalpur in connection with

                     Sabour P.S. Case No. 329 of 2024 and S.T. No. 01 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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