Patna High Court
Bangtu Mandal @ Bateshwar Mandal @ Banktu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, subject to a bond and conditions, as the primary allegation lay with another accused and the case was at a preliminary stage.
Summary
Bangtu Mandal was arrested in connection with a murder case (Nathnagar PS Case No. 328 of 2024) alleged under sections 103(1), 351(2), 351(3) and 3(5) of the Bihar Narcotic Substances Act, 2023. The FIR claims that he and another person restrained the deceased while co‑accused Mithun Mandal fired the fatal shot. The petitioner’s counsel contended that the allegations were implausible, that the case stemmed from a land dispute, and that no charges had yet been framed, making a speedy trial unlikely. The State opposed bail, arguing the petitioner facilitated the incident. The Court, considering the lack of charge framing, the primary allegation against Mithun Mandal, and the length of custody, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of appearance and surety qualifications. The bail order was pronounced by Justice Soni Shrivastava.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail to an accused when the principal charge of firing the fatal shot rests on another co‑accused and charges have not yet been framed?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5), 351(2), 351(3)
Subjects
- bail
- criminal procedure
- pre‑trial detention
- murder
- land dispute
- section 103
- section 351
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16097 of 2025
Arising Out of PS. Case No.-328 Year-2024 Thana- NATHNAGAR District- Bhagalpur
======================================================
Bangtu Mandal @ Bateshwar Mandal @ Banktu Mandal Son of Lakshman
Mandal Resident of Madhopur, P.S.- Nathnagar, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr.Kumar Rajdeep, Adv.
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 24-02-2026 Heard Mr. N.K. Agrawal, learned Senior counsel for
the petitioner and learned APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Nathnagar P.S. Case no.328 of
2024 registered under sections 103(1), 351(2) (3) and 3(5) of
BNS, 2023.
3. Allegation in the F.I.R is that petitioner and another
caught hold the informant’s husband and accused Mithun
Mandal fired upon him due to which he succumbed to his
injuries.
4. Mr. N.K. Agarwal, learned Senior counsel
appearing on behalf of petitioner submits that the allegations do
not seem to be correct as disclosed and also seems to be
Patna High Court CR. MISC. No.16097 of 2025(3) dt.24-02-2026
2/3
improbable that all the accused persons had entered the house of
the informant in the night and before her eyes, had shot at the
deceased. The petitioner has been implicated in the case only
on account of land dispute between the parties. It has further
been pointed out that specific allegation of opening fire is on co-
accused Mithun Mandal on account of which the deceased
accidentally died and so far as present petitioner is concerned,
allegation upon him is that he along with another accused had
held the hands and legs of the deceased. The petitioner is in
custody since 24.08.2024 and till date charges have not been
framed, as such, there is no likelihood of trial being concluded
in the near future.
5. The application for bail is opposed by learned
A.P.P. for the State on the ground that petitioner had also
facilitated in the occurrence leading to death of the deceased.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the period of
custody, coupled with the stage of the case and also considering
the fact that main allegation of opening fire is upon Mithun
Mandal, the petitioner is directed to be enlarged on bail in
connection with Nathnagar P.S. Case no.328 of 2024 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.16097 of 2025(3) dt.24-02-2026
3/3
with two sureties of the like amount each to the satisfaction of
the learned Court concerned where the case is
pending/successor Court, subject to the following conditions:-
(I) One of the bailors of the petitioner shall be the
family member/close relative of the petitioner.
(II) The petitioner shall appear on each and every date
fixed for trial and cooperate in getting charges framed and in
case the petitioner is absent on the two consecutive dates
without sufficient reasons, the learned trial Court would be at
liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Harsh/-
U T
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