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Patna High Court

Bijay MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Bijay Mandal was arrested in connection with a murder case (Naugachhiya P.S. Case No. 103 of 2026) and charged under several sections of the BNS and Section 27 of the Arms Act. He had been in custody since 6 March 2026. The petitioner argued that the FIR merely mentioned his name without any specific allegation and that the injured witness had not identified his involvement. The court examined these submissions and found insufficient material to justify continued detention. Consequently, the bail application was allowed, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to cooperate with the trial. Non‑compliance with the bail conditions would lead to cancellation of the bail.

Issues considered

  • Whether bail should be granted when the FIR does not contain a specific allegation against the accused and the witness has not disclosed his involvement.

Legislation cited

  • Arms Act — s. 27
  • BNS — s. 103(1), 109(1), 238, 3(5), 61(2)

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • murder
  • witness testimony
  • specific allegation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39734 of 2026
                    Arising Out of PS. Case No.-103 Year-2026 Thana- NAUGACHIA District- Bhagalpur
                 ======================================================
                 Bijay Mandal S/o Late Chhanguri Mandal Resident of Village- Gosaingon,
                 P.S.- Gopalpur, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjan Kumar Jha
                 For the Opposite Party/s :       Mr. Humayou Ahmad Khan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-06-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Naugachhiya P.S. Case No. 103 of 2026 registered for the

                   offence under Sections 103(1), 238, 109(1), 61(2), 3(5) of the

                   BNS and under Section 27 of the Arms Act.

                                   3. As per the prosecution case, the petitioner and

                   other are accused of killing the deceased.

                                   4. The petitioner is in custody since 6.3.2026.

                                   5. Learned counsel for the petitioner submits that

                   the petitioner is named in the FIR but there is no specific

                   allegation against him and the injured witness has also not

                   disclosed the involved of the petitioner in the alleged offence.

                                   6. Considering the aforesaid facts, this application
          Patna High Court CR. MISC. No.39734 of 2026(2) dt.23-06-2026
                                                      2/2




                    is allowed.

                                      7. Let the petitioner, above named, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned Court below in connection with

                    Naugachhiya P.S. Case No. 103 of 2026.

                                    8. As a condition of this order, the petitioner, after

                    being released on bail, is directed to co-operate in the trial either

                    by appearing personally or through his lawyer in the trial Court

                    on each and every date fixed by the trial Court. Non-compliance

                    of the condition will result in cancellation of the bail bonds of

                    the petitioner.



                                                                  (Sandeep Kumar, J)
Vikas/-

U


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