Created by Fuzzy Cloud

Patna High Court

Mandeep BhartiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted and dismissed the petitioner's application.

Summary

Mandeep Bharti was charged under Sections 302, 120(B) and 34 of the Indian Penal Code for the murder of Jagga Ray, having made a self‑inculpatory confession. He has been in custody since 28 October 2023 and filed a second application for regular bail while the trial was underway, with two witnesses already examined. The petitioner’s counsel argued that the trial was progressing and bail should be granted. The Court noted the petitioner’s significant role in the homicide and, considering the seriousness of the offence and his confession, declined to grant bail. Consequently, the bail application was dismissed, and the Court directed the Superintendent of Police to ensure witness attendance and the trial judge to expedite the trial, without prejudice to the merits of the case.

Issues considered

  • Whether regular bail should be granted to an accused who has confessed to a murder and is implicated under Sections 302, 120(B) and 34 IPC.
  • Whether the stage of trial and examination of witnesses affect the grant of bail in a serious offence.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • confession
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21127 of 2026
                   Arising Out of PS. Case No.-250 Year-2023 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Mandeep Bharti Son of Sidhnath Bharti @ Sinddhanath Bharati Resident of
                 village - Narha Panapur, P.S.- Rajepur, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr.Madhura Nand Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Rajepur P.S. Case No.

                   250 of 2023 registered for the offence under Sections 302,

                   120(B), 34 of the Indian Penal Code.

                                   3. As per the prosecution case, one Jagga Ray was

                   killed by the accused persons. The petitioner in his self-

                   inculpatory statement has confessed his guilt and given details

                   of the crime.

                                   4. The petitioner is in jail since 28.10.2023.

                                   5. Learned counsel for the petitioner very fairly

                   submits that trial is progressing and in the trial two witnesses

                   have been examined.
          Patna High Court CR. MISC. No.21127 of 2026(2) dt.30-04-2026
                                                      2/2




                                    6. Considering the role played by the petitioner in

                    the murder, this Court is not inclined to grant bail to the

                    petitioner.

                                    7. Accordingly, this application is dismissed.

                                    8. The Superintendent of Police, East Champaran

                    is directed to ensure the appearance of the witnesses in the trial.

                    The trial Judge is also directed to conclude the trial of the

                    petitioner at the earliest.

                                    9. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.

                                    10. Let a copy of this order be communicated to the

                    Principal District and Sessions Judge, East Champaran through

                    FAX for its compliance.



                                                               (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.