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Patna High Court

Praveen MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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