Patna High Court
Varun Mandal @ Barun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 147, 307, 323, 341, 504, 506
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
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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
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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
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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/-
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