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Patna High Court

Ghanshyam Mandal @ Ghanshayam MandalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

Ghanshyam Mandal was arrested in connection with a case (PS Kadwa No. 205 of 2025) alleging that he poured petrol on the husband and son of an informant, causing injuries and the death of the son. The petitioner applied for bail, contending that he was falsely implicated, that there were no independent eyewitnesses, and that he had no motive or prior criminal record. The State opposed bail, emphasizing the seriousness of the offences under Sections 109 and 103(1) of the Bharatiya Nyaya Sanhita. The court examined the specific allegations, the lack of corroborative evidence, and the gravity of the charges. Considering these factors, the court was not inclined to grant bail at this stage. Consequently, the petition for bail was rejected.

Issues considered

  • Whether bail should be granted to the accused in offences punishable under Sections 109 and 103(1) of the Bharatiya Nyaya Sanhita given the nature of the allegations and evidentiary circumstances.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 109
  • Section 103(1)
  • high court
  • evidence
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2457 of 2026
                        Arising Out of PS. Case No.-205 Year-2025 Thana- KADWA District- Katihar
                 ======================================================
                 Ghanshyam Mandal @ Ghanshayam Mandal S/o Rampat Mandal Resident of
                 Village - Kachaura, P.S - Kadwa, District - Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raghvendra Kumar Singh, Adv.
                                                   Mr. Harish Patel, Adv.
                                                   Mrs. Chhateshwari Kumari, Adv.
                 For the Opposite Party/s :        Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   21-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Kadwa

                   P.S. case No. 205 of 2025 instituted for the offences under

                   Sections 109, 103(1) of the Bharatiya Nyaya Sanhita.

                                3. Prosecution case, in short, is that the petitioner

                   allegedly poured petrol on the husband and son of the informant

                   and set them on fire due to which they sustained injuries and as

                   a result, son of the informant died.

                                4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel for the petitioner submits that general and
           Patna High Court CR. MISC. No.2457 of 2026(2) dt.21-01-2026
                                                       2/2




                     omnibus allegation has been made against the petitioner. There

                     is no independent eye witness who has supported this allegation.

                     The petitioner is the neighbour and agnate of the informant and

                     has no motive to injure or kill them. It has been submitted on

                     behalf of the petitioner that the petitioner is in custody since

                     09.08.2025 and has no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner. Specific

                     allegation of assault is levelled against the petitioners. Hence,

                     the petitioner may not be released on bail.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, specific allegation against the petitioner, this Court

                     is not inclined to grant bail to the petitioner at this stage.

                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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