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Patna High Court

Fatkan MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court refused to grant bail to the petitioners.

Summary

The petitioners—Sweety Devi, Fatkan Mandal and Sanjay Mandal—were arrested on 21 October 2024 in connection with a murder FIR (dated 24 September 2024) that named the deceased’s husband as the victim and listed the offences under Sections 137(2), 140(3), 127(2), 103(1), 238, 61(2) and 3(5) of the B.N.S., 2023. They sought bail, claiming clean antecedents and that the FIR was originally filed against unknown persons, with their names derived only from a CDR conversation and a confessional statement of co‑accused Sanjay Mandal. The State opposed bail, relying on the same confessional statement which led to the recovery of the deceased’s motorcycle from a pond near Sanjay Mandal’s house and the body near a railway line, arguing that these facts indicated the petitioners’ involvement. The court examined the material, found the confessional statement and the recovered evidence substantial, and concluded that the petitioners could not be released on bail. Consequently, the court refused the bail application.

Issues considered

  • Whether the petitioners are entitled to bail despite the confessional statement of a co‑accused and the recovery of the deceased’s motorcycle and body.
  • Whether the FIR being initially registered against unknown persons precludes denial of bail for the named petitioners.

Legislation cited

  • B.N.S., 2023 — s. 103(1), 127(2), 137(2), 140(3), 238, 3(5), 61(2)

Subjects

  • bail
  • confessional statement
  • murder
  • criminal procedure
  • evidence
  • B.N.S. 2023

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
            CRIMINAL MISCELLANEOUS No.34036 of 2025
Arising Out of PS. Case No.-227 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Sweety Devi @ Tamannna Khatoon W/O Fatkan Mandal R/O Koriya Patti,
Baigna, Ward no -24, PS- Katihar (Nagar), Distt- Katihar


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

                                       ... ... Opposite Party/s
======================================================
                                       with
           CRIMINAL MISCELLANEOUS No. 35523 of 2025
Arising Out of PS. Case No.-227 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Fatkan Mandal S/O Sanjay Mandal R/O Koriya Patti, Baigna, Ward no -24,
P.S- Katihar(Nagar), Distt- Katihar.


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

                                       ... ... Opposite Party/s
======================================================
                                       with
            CRIMINAL MISCELLANEOUS No. 37811 of 2025
Arising Out of PS. Case No.-227 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Sanjay Mandal S/O Late Natai Mandal R/O Koriya Patti, Baigna, Ward No.-
24, P.S- Katihar (Nagar), Distt.- Katihar.


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

                                       ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 34036 of 2025)
For the Petitioner :    Mr. N.K. Agrawal, Sr. Advocate
                        Mr. Sanjeev Kumar Singh
For the State      :    Mr. Mohammed Arif, APP
(In CRIMINAL MISCELLANEOUS No. 35523 of 2025)
For the Petitioner :    Mr. N.K. Agrawal, Sr. Advocate
                        Mr.Sanjeev Kumar Singh
For the State      :    Mr. Mohammed Arif, APP
         Patna High Court CR. MISC. No.34036 of 2025(4) dt.17-03-2026
                                                     2/4




                 (In CRIMINAL MISCELLANEOUS No. 37811 of 2025)
                 For the Petitioner/s :  Mr. N.K. Agrawal, Sr. Advocate
                                         Mr.Sanjeev Kumar Singh
                 For the State        :  Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   17-03-2026                   Heard Mr. N.K. Agrawal, learned Senior counsel for

                   the petitioners assisted by Mr. Sanjeev Kumar Singh, learned

                   counsel for the petitioners, and Mr. Mohammed Arif, learned

                   APP for the State.

                                  2. Petitioners seek bail, who are in custody since

                   21.10.2024, in connection with Sessions Trial No. 111 of 2025

                   arising out of Muffasil P.S. Case No. 227 of 2024, F.I.R. dated

                   24.09.2024 registered for the offences punishable under

                   Sections 137(2), 140(3), 127(2), 103(1), 238, 61(2), 3(5) of the

                   B.N.S., 2023.

                                 3. The F.I.R. of the occurrence of the murder of the

                   husband of the informant is against unknown.

                                4. Learned Senior counsel for the petitioners submits

                   that the petitioners have clean antecedents and they have been

                   falsely implicated in the present case. From perusal of the F.I.R.

                   it appears that the present F.I.R. was instituted against unknown

                   persons and it also transpires that the date of occurrence as

                   alleged in the F.I.R. is 13.09.2024 but the present F.I.R. was

                   instituted on 24.09.2024 after delay of eleven days and the name
Patna High Court CR. MISC. No.34036 of 2025(4) dt.17-03-2026
                                            3/4




          of the petitioners have been transpired on the basis of the CDR

          conversation between co-accused person, namely, Sweety Devi

          @ Tamanna Khatoon and Sanjay Mandal (Cr. Misc. No. 34036

          of 2025 and Cr. Misc. No. 37811 of 2025) and thereafter four

          accused persons were apprehended by the police who confessed

          their guilt in the present occurrence and also disclosed the name

          of other co-accused persons and there is no legal evidence on

          record which suggests that the petitioners are involved in the

          present case except the confessional statement of co-accused

          person namely Sanjay Mandal (Cr. Misc. No. 37811 of 2025).

                        5. Learned APP for the State, on the other hand, on

          the basis of material available on record and case diary,

          vehemently opposed the prayer for bail of the petitioners and

          submits that on the basis of confessional statement of co-

          accused person, namely Sanjay Mandal who accepted that he

          along with other co-accused persons have committed the crime

          in question and on the basis of confessional statement of co-

          accused person, namely, Sanjay Mandal the motorcycle of the

          deceased was recovered in the pond which was situated behind

          the house of co-accused Sanjay Mandal and apart from

          aforesaid, the dead body of the deceased was also recovered

          near the Railway Line which suggests that confessional
               Patna High Court CR. MISC. No.34036 of 2025(4) dt.17-03-2026
                                                           4/4




                         statement of co-accused person lead to recovery which cannot

                         disbelieve at this stage.

                                       6. Considering the aforesaid facts and circumstances

                         of the case and the fact that on the basis of confessional

                         statement of co-accused person, namely, Sanjay Mandal, the

                         motorcycle of the deceased as well as the dead body of the

                         deceased was recovered,             I am not inclined to enlarge the

                         petitioners on bail in connection with Sessions Trial No. 111 of

                         2025 arising out of Muffasil P.S. Case No. 227 of 2024 pending

                         in the Court of learned Additional Sessions Judge-IX, Katihar

                                          7. Prayer is refused.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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