Patna High Court
Rajiv Madal @ Rajiv Singh @ Rajiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner with conditions, holding that the allegations of false implication warranted release pending trial.
Summary
The petitioner, Rajiv Mandal, was arrested in connection with a violent incident that resulted in the death of Suman Kumar Singh and alleged injuries to others. He is charged under IPC sections 307 (attempt to murder), 302 (murder), 120(b) and 34 (criminal conspiracy), and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated due to a misidentification in the FIR, asserting that his name and father's name were incorrectly recorded and that he did not fire any weapon. He pleaded for regular bail, emphasizing his clean antecedent, custody since 14 September 2025, and willingness to cooperate with the trial. The State opposed bail, but the High Court, after considering the arguments, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to cancellation if he attempts to delay the trial.
Issues considered
- Whether bail can be granted to an accused charged with murder, attempt to murder, criminal conspiracy and offences under the Arms Act when the accused claims false implication and misidentification.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(b), 302, 307, 34
Subjects
- bail
- false implication
- name misidentification
- murder
- attempt to murder
- criminal conspiracy
- Arms Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1177 of 2026
Arising Out of PS. Case No.-237 Year-2020 Thana- CHAUSA District- Madhepura
======================================================
Rajiv Madal @ Rajiv Singh @ Rajiv Kumar S/o Jai Magal Mandal @ Shiv
Singh R/o Village- , Nasi Tola, PS- Dholwajja (Kadwa D.P.)., Distt.-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 307, 302, 120(b)/34 of the
Indian Penal Code and section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 14.09.2025 and the informant alleges that while he was
standing on road in front of his house, Umesh Singh along with
twelve criminals including the petitioner came and Shankar
Singh fired causing injury on his left shoulder, further on orders
of Khantar Singh, accused Vicky Singh fired on Suman Kumar
Singh (deceased) causing injury on neck, thereafter it is alleged
Patna High Court CR. MISC. No.1177 of 2026(2) dt.20-04-2026
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that Niranjan Singh fired hitting Suman Kumar Singh
(deceased) on chest and accused Suman Kumar also fired at the
deceased Suman Kumar Singh.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the instant case by the informant. It is next submitted that
from perusal of the allegation as alleged in the FIR, it would
manifest that the specific allegation of firing is against Shankar,
Vicky, Niranjan and Suman and the petitioner is not alleged to
have fired. It is also submitted that from perusal of the accused
colomn in the FIR, it would manifest that the same records the
name of the petitioner as Rajiv Singh, son of Shiv Singh when
the name of the petitioner is Rajiv Mandal and is son of Jai
Mangal Mandal. It is further submitted that the father of the
petitioner is not known by the alias name Shiv Singh. It is also
submitted that the petitioner was not even aware that he has
been implicated in the instant case but when the Police came
knocking his door, he was arrested. It is also submitted that co-
accused Umesh Singh had approached this Court seeking
regular bail by filing Cr. Misc. No. 72302 of 2021 and the same
came to be allowed vide order dated 23.05.2022.
5. It is next submitted that if the privilege of regular
Patna High Court CR. MISC. No.1177 of 2026(2) dt.20-04-2026
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bail is granted, the petitioner will not abscond rather will
cooperate in the trial to prove his innocence.
6. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
7. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Chousa
P.S. Case No. 237 of 2020.
8. However, it is made clear that if the learned trial
court comes to a conclusion that the petitioner after his release
is trying to delay the trial in any manner, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioner after
recording reason.
(Satyavrat Verma, J)
Ranjeet/-
U T
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