Patna High Court
Sandeep Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sandeep Kumar Mandal, was arrested on 2 February 2026 in connection with a theft case (FIR dated 26 November 2025) alleged under Section 309(4) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that four miscreants stole a motorcycle and mobile phone, and the petitioner was implicated based on a co-accused's confessional statement, though his name does not appear in the FIR and no material was recovered from him. The petitioner claimed innocence, arguing lack of evidence and that he was falsely implicated. The State opposed bail, citing three prior criminal antecedents, though he was on bail in two other cases and one case was pending. The court considered the circumstances, the absence of direct evidence, and the petitioner’s cooperation, and granted bail on a Rs.10,000 bond with two sureties, imposing conditions of appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the Bihar Narcotic Substances Act, 2023 despite alleged involvement in theft.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(4)
Subjects
- bail
- criminal antecedent
- Section 309(4)
- Bihar Narcotic Substances Act
- false implication
- confessional statement
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22819 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Sandeep Kumar Mandal Son of Pramod Mandal R/o Village - Raghubirchak
Rampatti, P.S.- Rajnagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Ravi Prakash, learned counsel for the
petitioner and Mr. Umesh Lal Verma, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.02.2026 in connection with Bhairavsthan P.S. Case No. 159
of 2025, F.I.R. dated 26.11.2025 for the offences punishable
under Section 309(4) of the BNS, 2023.
3. According to prosecution case, four miscreants
intercepted the informant and his friend and snatched his
motorcycle and mobile phone and fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
Patna High Court CR. MISC. No.22819 of 2026(2) dt.08-04-2026
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has been transpired during investigation on the basis of the
confessional statement of the co-accused, namely, Satrughan
Yadav. He further submits that nothing has been recovered from
the conscious possession of the petitioner and till date no TIP
has been conducted by the prosecution. The petitioner is in
custody since 02.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries three criminal antecedents other
than the present one but fairly submits that he is on bail in two
cases and one case is pending for consideration before the
competent court of law.
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 ACJM,
Jhanjharpur, Madhubani in connection with Bhairavsthan P.S.
Case No. 159 of 2025, subject to the 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
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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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