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Patna High Court

Saryug MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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