Created by Fuzzy Cloud

Patna High Court

Pinka Mandal @ Praveen Mandal @ Pravin Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Pinka Mandal, was charged under multiple sections of the IPC, the Arms Act and the NDPS Act for alleged involvement in a loot planned by the Simiya Khatoon gang. The police, acting on secret information, apprehended four accused who named the petitioner, but no direct evidence or seized contraband was found in his possession. The petitioner argued that he was falsely implicated and that the complaint lacked specific allegations against him. The State opposed bail, citing the seriousness of the offences. The court, after considering the lack of direct evidence and the petitioner’s cooperation, granted bail subject to stringent conditions, including sureties, regular court appearances, and restrictions on tampering with evidence or witnesses.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the charges and the circumstances of his arrest.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC offences
  • Arms Act
  • NDPS Act
  • secret information
  • evidence
  • police apprehension

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11386 of 2026
                  Arising Out of PS. Case No.-454 Year-2024 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Pinka Mandal @ Praveen Mandal @ Pravin Kumar Mandal, Son of Sushil
                 Mandal @ Ramgopal Mandal, R/o Belori, Abdullanagar, P.S. -Sadar, District-
                 Purnea
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arun Kumar Mandal, Adv.
                 For the Opposite Party/s :      Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   26-02-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Katihar Nagar Sahayak P.S. Case No. 454 of 2024 dated

                   29.06.2024 registered for the offence punishable under

                   Sections 414, 399, 402, 323, 307, 353 and 332 of the Indian

                   Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the

                   Arms Act and Section 8(c) and 21(a) of the N.D.P.S. Act.

                                3. The prosecution case, in short, is that on

                   29.06.2024 at about 02:05 hours, the informant received a

                   secret information that the members of Simiya Khatoon

                   Gang are planning a loot near Budhuchak, upon which the

                   informant along with police personnel reached Budhuchak

                   and then one accused fired on the police, however, the

                   police apprehended four miscreants, who disclosed their
Patna High Court CR. MISC. No.11386 of 2026(2) dt.26-02-2026
                                            2/4




          names as Kalua @Gurudev Sah, Raju Mukhiya, Rahul

          Kumar and Md. Afroz. During search, one country-made

          pistol, three live cartridges, one cell phone and 20 small

          packets of smack were recovered from the possession of

          Kalua @ Gurudev Sah. One motorcycle and two cell

          phones were recovered from the possession of Raju

          Mukhiya and one cell phone and one motorcycle were

          recovered from the possession of Md. Afroz. On search, a

          total of 1.36 gm of smack was recovered from the

          possession of the accused persons, and thereafter, a seizure

          list was prepared to this effect.

                       4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has been falsely implicated in

          this case. It is submitted that there is no specific allegation

          against the petitioner in the written complaint. As per the

          written complaint, it appears that merely on the basis of

          secret information, the police apprehended four accused

          persons at the spot, who disclosed the name of the petitioner

          and co-accused, namely, Simiya Khatoon had claimed that

          they are members of the gang of Simiya Khatoon and were

          waiting for them and other accused persons to arrive for
Patna High Court CR. MISC. No.11386 of 2026(2) dt.26-02-2026
                                            3/4




          committing some offence. It is also submitted that 1.36 gm

          of smack like substance was recovered from possession of

          Kalua @ Gurudev Sah. It is further submitted that nothing

          has been recovered from the conscious possession of the

          petitioner. The said Seema @ Simiya Khatoon @ Sima Sah

          has been granted bail by this Court vide order dated

          19.11.2025 passed in Criminal Miscellaneous No. 79180 of

          2025. The petitioner is in custody since 11.07.2025, having

          14 criminal cases against him and charge-sheet has been

          submitted in the case.

                       5. Learned A.P.P for the State opposes the prayer

          for bail of the petitioner.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the

          parties, let the petitioner be released on bail upon furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties

          of the like amount each to the satisfaction of the learned

          Additional Sessions Judge-IV, Katihar in connection with

          Katihar Nagar Sahayak P.S. Case No. 454 of 2024, subject

          to the following conditions:-

                                  1. Petitioner shall co-operate in the trial and
            Patna High Court CR. MISC. No.11386 of 2026(2) dt.26-02-2026
                                                        4/4




                                      shall be properly represented on each and every
                                      date fixed by the Court and on his absence on two
                                      consecutive dates without sufficient reason, his bail
                                      bond shall be cancelled by the Court below.

                                              2. One of the bailors will be his own blood
                                      relation, preferably father, mother, brother, sister
                                      and or his wife.

                                              3. The bailor shall also state on affidavit that
                                      he will inform the court concerned if the petitioner
                                      is made accused in any other case of similar nature
                                      after his release in the present case and thereafter
                                      the court below will be at liberty to initiate the
                                      proceeding for cancellation of bail on ground of
                                      misuse.

                                              4. If the petitioner tampers with the evidence
                                      or the witnesses, in that case, the prosecution will
                                      be at liberty to move for cancellation of bail.

                                              5. The petitioner within two weeks of his
                                      release from custody shall appear before the S.H.O.
                                      of his local area alongwith a copy of this order and
                                      shall appear every fortnightly to mark his
                                      attendance till conclusion of the trial court.



                                                   (Khatim Reza, J)
prabhat/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.