Patna High Court
Sanjay MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioners.
Summary
The petitioners—Sweety Devi, Fatkan Mandal and Sanjay Mandal—were arrested on 21 October 2024 in connection with a murder case (Sessions Trial No. 111 of 2025) arising from FIR No. 227 of 2024. They sought bail, claiming clean antecedents and that the FIR, originally filed against unknown persons, was delayed and based only on a CDR conversation and the 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 and body, arguing that the evidence was substantial. The Court examined the seriousness of the offences (sections 137(2), 140(3), 127(2), 103(1), 238, 61(2), 3(5) of the Bihar Narcotic Substances Act, 2023) and the material derived from the co‑accused’s confession. Concluding that the confessional statement and recovered evidence could not be disregarded, the Court refused the bail application.
Issues considered
- Whether bail should be granted to the petitioners in a murder case where the primary evidence is a co‑accused’s confessional statement and material recovered based on that statement.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 127(2), 137(2), 140(3), 238, 3(5), 61(2)
Subjects
- bail
- confessional statement
- murder
- criminal procedure
- false implication
- recovery of evidence
- sessions trial
- Bihar
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//-
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