Patna High Court
Ghanshyam Mandal @ Ghanshayam MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita — s. 103(1), 109
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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