Patna High Court
Mandeep BhartiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 120(B), 302, 34
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
Checking your session…