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Patna High Court

Bangtu Mandal @ Bateshwar Mandal @ Banktu MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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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