Patna High Court
Naresh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Naresh Kumar Mandal was arrested in connection with a robbery of Rs.8.21 lakh allegedly committed by four masked miscreants. The prosecution's case rests on a confessional statement and alleged CCTV identification, despite the FIR stating the accused wore masks. The petitioner contended he was falsely implicated, had no prior criminal record, and that no material evidence besides the confession existed. He had been in judicial custody since 23 November 2025 and sought regular bail under Section 309(4) of the B.N.S. The High Court, after hearing both sides, found the circumstances warranted bail and ordered his release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 309(4) of the B.N.S. given the nature of the alleged offence and the evidence presented
- Whether the confessional statement and alleged CCTV identification are sufficient grounds to deny bail
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- regular bail
- robbery
- confessional statement
- CCTV identification
- Section 309(4)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28231 of 2026
Arising Out of PS. Case No.-581 Year-2025 Thana- FORBESGANJ District- Araria
======================================================
Naresh Kumar Mandal, Son of Late Jagdish Mandal @ Late Jagdeesh
Mandal, Resident of village - Bhag Kohaliya, P.S.- Forbesganj, Dist.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 309(4) of
B.N.S.
3. The case of the prosecution, in short is that four
miscreant who have masked their faces arrived at the agency of
the informant and took altogether Rs. 8,21,00/- from his cash
counter.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that name of this petitioner has surfaced
only on the basis of information given by informer and
Patna High Court CR. MISC. No.28231 of 2026(2) dt.04-05-2026
2/2
thereafter confessional statement of this petitioner was extracted
by the police. It has further been submitted that save and except
the confessional statement, there is nothing against him. No
recovery was made. It has further been submitted that learned
trial Court has recorded that the petitioner was identified in
C.C.T.V. Footage which is next to impossible as according to
the F.I.R., all the accused persons have masked their face.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 23.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Forbesganj P.S. Case No. 581 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Araria.
(Ashok Kumar Pandey, J)
lata/-
U T
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