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Patna High Court

Varun Mandal @ Barun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to stringent conditions.

Summary

The petitioner, Varun Mandal @ Barun Kumar, was arrested in connection with a 2018 incident alleged under Sections 147, 341, 323, 307, 120(B), 504, 506 of the Indian Penal Code and Section 27 of the Arms Act, wherein he was said to have ordered the killing of an informant and fired at him. The petitioner contended that he was falsely implicated, pointing out that the victim’s deposition did not name him and that the two key witnesses either did not support the prosecution’s version or had altered their statements. The State opposed bail, arguing that the witnesses had been influenced and that the petitioner’s criminal antecedents warranted continued detention. The Court noted that the petitioner had already spent more than two years in custody and that the prosecution evidence was insufficient to justify further deprivation of liberty. Consequently, the Court granted bail on a cash bond of Rs. 10,000 with two sureties, imposing several conditions including regular reporting to the Superintendent of Police. The order clarified that any observations made would not affect the trial proceedings.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
  • Whether the prosecution evidence is sufficient to justify continued detention.
  • Whether the petitioner’s criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • IPC offences
  • Arms Act
  • false implication
  • witness testimony
  • criminal antecedents
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16812 of 2026
                     Arising Out of PS. Case No.-225 Year-2018 Thana- CHAUSA District- Madhepura
                 ======================================================
                 Varun Mandal @ Barun Kumar S/O Juri Prasad Mandal R/O Village-
                 Sadhopur, P.S- Gopalpur Rangra (O.P.), Distt.- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashutosh Kumar Upadhyaya, Advocate
                 For the Opposite Party/s :      Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   18-03-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sessions Trial No. 236 of 2021, arising out of Chausa P.S. Case

                   No. 225 of 2018, registered for the offences under Sections 147,

                   341, 323, 307, 120(B), 504 and 506 of the Indian Penal Code

                   and Section 27 of the Arms Act.

                                3. Allegation as per FIR is that while the informant,

                   his brother and some villagers were returning after having feast,

                   accused persons including the petitioner surrounded them and,

                   thereafter, petitioner ordered to kill the informant, on which, the

                   petitioner namely Varun Mandal @ Barun Kumar fired, which

                   hit left side of chest. However, the informant and other villagers

                   tried to flee away but the other co- accused caught hold the
Patna High Court CR. MISC. No.16812 of 2026(2) dt.18-03-2026
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          informant and co-accused namely Pintu Mandal fired on him,

          which hit him on his back. Co-accused Pramod Mandal fired

          causing injury to the informant on his temporal region,

          thereafter the informant fell down.

                       4. The learned counsel for the petitioner submits that

          the petitioner was falsely implicated in this case only on

          conjecture and surmises. It has been submitted that, in fact,

          there is no witness to the occurrence and no motive has been

          alleged in the fardbeyan for causing such occurrence. It has

          further been submitted that the plea of the victim stands

          vindicated from perusal of the deposition of the victim i.e.

          Nandlal Mandal, which has been brought on record by way of

          Annexure-P/3, wherein he has not named the petitioner to have

          fired upon him. In fact, it has been submitted that the victim had

          stated that one Pramod Mandal had fired upon him. The learned

          counsel for the petitioner has drawn the attention of this Court

          to the deposition of P.W. 2 namely Renu Kumari, who happens

          to be the wife of the informant, even she has not supported the

          prosecution case as alleged in the fardbeyan. It has thus been

          submitted that from the two depositions, it is evident that the

          allegations against the petitioner is not being proved and

          therefore, there is no point in keeping the petitioner in custody
Patna High Court CR. MISC. No.16812 of 2026(2) dt.18-03-2026
                                            3/4




          who has already served more than two years in custody. It has

          been submitted that the petitioner has four criminal antecedents

          against his name and he is in custody since 19.02.2024.

                       5. The learned APP appearing on behalf of the State

          has vehemently opposed the prayer for bail and has stated that

          from the perusal of the depositions of P.W. 1 and P.W. 2, it

          appears that the witnesses have been gained over and they have

          backtracked from their earlier versions.

                       6. Considering the aforesaid submissions and taking

          into account the period of custody of the petitioner, he is

          directed to be released on bail on on his furnishing bail bonds in

          the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Additional

          Sessions Judge-II, Madhepura in connection with Sessions Trial

          No. 236 of 2021, arising out of Chausa P.S. Case No. 225 of

          2018, subject to the following conditions:

                                                       (i) One of the bailors will be a
                                          close relative of the petitioner and the other
                                          shall be a local resident;
                                                       (ii) the petitioner will remain
                                          present on each and every date fixed by the
                                          Court below, if so required by the learned
                                          Trial Court;
                                                       (iii) in case of absence on two
                                          consecutive dates or in violation of the terms
                                          of the bail, the bail bonds of the petitioner
                                          will liable to be cancelled by the Court
                                          concerned;
                                                       (iv) the Court below shall verify
            Patna High Court CR. MISC. No.16812 of 2026(2) dt.18-03-2026
                                                        4/4




                                                      the criminal antecedent of the petitioner and
                                                      in case at any stage, it is found that the
                                                      petitioner has concealed his criminal
                                                      antecedent, the court below shall take step
                                                      for cancellation of bail bonds of the
                                                      petitioner. However, the acceptance of bail
                                                      bonds in terms of the above mentioned order
                                                      shall not be delayed for purpose of the same
                                                      on in the name of verification.
                                                                  (v) in view of the antecedents of
                                                      the petitioner, the petitioner is directed to
                                                      appear before the Superintendent of Police,
                                                      Madhepura within fifteen days of his release
                                                      with a copy of this order and every two
                                                      weeks thereafter for the next nine months.
                                                      The conduct of the petitioner will be kept
                                                      under watch in this period by the
                                                      Superintendent of Police concerned and if it
                                                      is found wanting in any respect, a report
                                                      shall be made to the court concerned by him
                                                      to initiate a proceeding for cancellation of
                                                      bail for reasons of misuse of bail. After
                                                      reporting to the Superintendent of Police, a
                                                      certificate will be filed by the petitioner
                                                      before the court concerned.

                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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