Patna High Court
Saryug MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, finding the delay in FIR and prolonged custody sufficient grounds for release.
Summary
The petitioner, Saryug Mandal, applied for bail in a case registered under Section 109(1) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, alleging conspiracy to murder the informant's husband. The prosecution alleged that the petitioner and others conspired to kill the husband and fired at him, though he survived. The petitioner claimed innocence, highlighted an eight‑day delay in lodging the FIR, asserted he was not present at the scene, and cited a land dispute between the parties. He also pointed out that co‑accused had been granted bail by a coordinate bench in a related matter. Considering the FIR delay, the length of custody since 7 August 2025, and the lack of substantive evidence, the court allowed the bail application, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the delay in lodging the FIR justifies granting bail to the petitioner.
- Whether the petitioner’s custody period and alleged lack of involvement warrant bail.
- Whether the existence of a land dispute and prior bail to co‑accused affect the bail decision.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109(1)
Subjects
- bail
- delay in FIR
- conspiracy to murder
- Arms Act
- Section 109
- criminal procedure
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2352 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- CHAUSA District- Madhepura
======================================================
Saryug Mandal S/O Late Biranchi Mandal @ Biranpi Mandal Resident of
village- Sonma Baliya, Ward No.04, P.S.- Akbarpur, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar
For the Opposite Party/s : Mr.Raj Ballabh Singh
For the Informant : Mr. Amarnath Jha.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with
Chausa P.S. Case No. 211 of 2025 registered for the offence
under Section 109(1) of the BNS and under Section 27 of the
Arms Act.
3. As per the prosecution case, the petitioner and
others are said to have hatched conspiracy for killing the
husband of the informant and thereafter they fired at the
husband of the informant but he survived.
4. The petitioner is in custody since 7.8.2025 and it
has been submitted by the learned counsel for the petitioner that
the petitioner is innocent and he has falsely been implicated in
Patna High Court CR. MISC. No.2352 of 2026(3) dt.24-03-2026
2/2
this case. He further submits that there is delay of about 8 days
in lodging the FIR and the prosecution is not able the explain
the same. He further submits that the petitioner was not present
at the place of occurrence and there is land dispute between the
parties. He also submits that some of the co-accused have
already been granted bail by a coordinate Bench of this Court
vide order dated 15.01.2026 passed in Cr. Misc. No. 1006 of
2026.
5. Learned counsel for the informant has
vehemently opposed the application of the petitioner.
6. Considering the facts of the case, the delay in
lodging the FIR and also considering the period of custody of
the petitioner, this application is allowed.
7. 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 Sub-Divisional Judicial Magistrate, Udakishunganj,
Madhepura/concerned Court below in connection with Chausa
P.S. Case No. 211 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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