Patna High Court
Sudhir Mandal @ Shishir Mandal @ Shishir Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the suspicion evident in the FIR was insufficient to warrant continued detention.
Summary
The petitioner, Sudhir Mandal, was arrested under Section 303(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 for alleged theft of diesel from an informant's vehicle. He contended that he was merely a victim of assault and fled the scene to save his life, arguing that his identification was based on unreliable village testimony and that the seized items were produced by the informant. The prosecution opposed bail, asserting that the petitioner was implicated in the theft and also faced another excise case. The court examined whether the suspicion evident in the FIR sufficed to deny bail and considered the statutory provisions governing bail. Concluding that the evidence was insufficient to justify continued detention, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- What is the appropriate basis for granting bail to the petitioner accused under B.N.S. Section 303(2) read with 3(5)?
- Does mere suspicion as reflected in the FIR justify denial of bail?
- Are the conditions under CrPC Section 438(2) and BNSS Section 482(2) satisfied for release on bail?
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 3(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- theft
- diesel
- suspicion
- Bhartiya Nyaya Sanhita
- CrPC
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30009 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- Bhimnagar District- Supaul
======================================================
Sudhir Mandal @ Shishir Mandal @ Shishir Kumar Mandal, S/o Bhuneshwar
Mandal @ Bhuvaneshwar Mandal, R/o Village - Raniganj, Ward no.-02, P.S. -
Bhimnagar, District-Supaul.
... ... Petitioner
Versus
1. The State of Bihar
2. Rakesh Kumar, S/o Sohan Ram, R/o Village - Jindrasar, P.S. - Sujangarh,
Dist. - Churu, Rajasthan. At Present Village - Kattaya 07 Aardi Nahar, P.S -
Bhimnagar, Dist. - Supaul.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Md. Shadab Alam Wazdi, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Bhimnagar P.S.
Case No.6 of 2026 registered under Section 303(2) read
with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short
‘B.N.S.’).
3. As per FIR, the petitioner alleged to involve in
theft of diesel from the vehicle of the informant.
4. It is submitted by learned counsel that merely
on the basis of suspicion, the petitioner was implicated with
Patna High Court CR. MISC. No.30009 of 2026(2) dt.11-05-2026
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present case. It is submitted that in fact when the petitioner
was coming with diesel for own thrasher machine, he was
assaulted by the informant and others and just to save his
life, the petitioner after leaving his motorcycle, mobile and
diesel fled away from the place of occurrence. It is submitted
that the petitioner was identified by unknown villargers,
which also suggest his false implication. It is also submitted
that the seized items were produced by informant to police.
While concluding argument, it is submitted that the
petitioner found involved in one more criminal case, which is
related with Excise, where he is on bail.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact that prima facie on the basis of suspicion,
the petitioner appears implicated with theft of diesel from
the vehicle of informant, accordingly, the petitioner, above-
named, in the event of his arrest or surrender in the court
below within a period of four weeks from today, is directed
to be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.30009 of 2026(2) dt.11-05-2026
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each to the satisfaction of the learned A.C.J.M.,
Supaul/concerned court in connection with Bhimnagar P.S.
Case No.6 of 2026, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure (in
short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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