Patna High Court
Praveen MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond and specified conditions.
Summary
Petitioner Praveen Mandal was arrested on 4 September 2025 in connection with a theft case (PS Shivajee Nagar Case No. 59 of 2025) alleged under Sections 331(4) and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case is based mainly on the confessional statements of co‑accused Ritik Kumar and Raushan Kumar, as the petitioner’s name does not appear in the FIR and no material has been recovered from him. The petitioner argued that he has a clean antecedent, was falsely implicated, and that a similarly situated co‑accused (Modi Kumar) had been granted bail earlier. The Additional Public Prosecutor opposed bail. The High Court, after considering the lack of direct evidence and the petitioner’s clean record, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioner on bail.
Issues considered
- Whether bail should be granted to the petitioner in the absence of direct evidence and solely on the basis of co‑accused confessional statements.
- Whether the petitioner’s clean antecedent and lack of material recovery justify bail under Sections 331(4) and 3(5) of the BNS, 2023.
- Whether the earlier bail granted to a similarly situated co‑accused is relevant to the present petition.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 331(4), 3(5)
Subjects
- bail
- theft
- confessional statement
- criminal antecedent
- Bihar Narcotic Substances Act
- Section 331
- Section 3
- High Court
- Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18918 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Praveen Mandal Son of Shuhai Mandal R/o Village - Rajaur Moin
Rambhadarpur, P.S. - Shivajee Nagar, Distt. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Choudhary Shyam Nandan, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 03-04-2026 Heard Mr. Choudhary Shyam Nandan, learned
counsel for the petitioner and Mr. Gauri Shankar Gupta, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.09.2025 in connection with Shivajee Nagar P.S. Case No. 59
of 2025, F.I.R. dated 03.09.2025 for the offences punishable
under Sections 331(4) and 3(5) of the BNS, 2023.
3. According to prosecution case, FIR named accused
persons have committed theft in the house of the informant and
stole valuable articles and cash.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Petitioner is not named in the FIR
and his name has been transpired on the basis of the
Patna High Court CR. MISC. No.18918 of 2026(2) dt.03-04-2026
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confessional statement of the co-accused, namely, Ritik Kumar
and Raushan Kumar and except the aforesaid, no other cogent
material has come during investigation which suggest the
involvement of the petitioner in the present occurence. He
further submits that nothing has been recovered from the
possession of the petitioner and till date no TIP has been
conducted by the prosecution. He further submits that the police
after investigation submitted the charge sheet against the
petitioner. He further submits that similarly situated, co-accused,
namely, Modi Kumar @ Modi whose name has also been
transpired from the confessional statement of co-accused Ritik
Kumar and Raushan Kumar has been granted bail by this Court
vide order dated 22.01.2026 passed in Cr. Misc. No. 91444 of
2025. The petitioner is in custody since 04.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-I, Rosera, Samastipur in connection
with Shivajee Nagar P.S. Case No. 59 of 2025, subject to the
Patna High Court CR. MISC. No.18918 of 2026(2) dt.03-04-2026
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following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify 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 bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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