Patna High Court
Makhan MandalversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused bail, holding that the specific and direct allegations against the petitioner warranted his continued custody.
Summary
Makhan Mandal was arrested in connection with a murder alleged to have occurred on 14 July 2025, for which he was charged under Sections 103(1), 351(2) and 351(3) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. He applied for bail, claiming a clean antecedent, false implication, and a two‑day delay in filing the FIR as grounds for release. The prosecution countered that the petitioner was seen with a revolver at the scene, the post‑mortem confirmed firearm injuries, and multiple witnesses corroborated the charge. The court examined the seriousness of the offences, the direct allegations and the evidentiary material, and concluded that the circumstances did not warrant bail. Consequently, the bail petition was rejected.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and the evidence presented.
- Whether the two‑day delay in filing the FIR and the claim of false implication constitute sufficient grounds for bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 351(2), 351(3)
Subjects
- bail
- murder
- firearms
- Arms Act
- criminal procedure
- suspicion
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4585 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Makhan Mandal Son of Late Baldev Mandal R/o Vill. - Shankarpur, P.S. -
Sabour, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 09-04-2026 Heard Mr. Rajive Ranjan Singh, learned counsel for
the petitioner and Mr. Bharat Bhushan, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
19.07.2025, in connection with Gogha P.S. Case No. 93 of 2025,
F.I.R. dated 16.07.2025 registered for the offences punishable
under Sections 103(1), 351(2), (3) of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. The prosecution case, in brief, is that on
14.07.2025 at about 7 O’clock one Makhan Mandal came to the
informant’s house and inquired about her husband on which the
informant told that her husband had gone to paddy field.
Thereafter, Makhan Mandal went to basa and inquired from
Karu Mandal (elder brother-in-law) about informant’s husband,
Patna High Court CR. MISC. No.4585 of 2026(4) dt.09-04-2026
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Rajesh Kumar Mandal on which he told that he had gone to
field. Then Makhan Mandal went where Rajesh Kumar Mandal
was irrigating the fields. Then Makhan Mandal went where
Rajesh Kumar Mandal was working in field and in the
meanwhile sound of gunfire was heard. Informant’s elder
brother-in-law saw that Rajesh Kumar Mandal had been shot
and Makhan Mandal was running with a three nut in his hand
and the informant’s husband died during treatment.
4. Learned counsel for the petitioner submits that
the petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
From perusal of the F.I.R. it appears that the informant is not an
eye witness of the alleged occurrence and petitioner has been
made accused in the present case on the basis of suspicion. He
further submits that the date of occurrence as alleged in the
F.I.R. IS 14.07.2025 but the present F.I.R. was instituted on
16.07.2025 after delay of two days without giving any
explanation of delay.
5. Learned APP for the State, on the other hand, on
the basis of material available on record and case diary,
Patna High Court CR. MISC. No.4585 of 2026(4) dt.09-04-2026
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vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner was seen with the revolver near the
place of occurrence and apart from that the postmortem report
of the deceased reveals that all the injuries were ante mortem
and caused by firearm weapon as well as a number of witnesses
have supported the case of the prosecution.
6. Considering the aforesaid facts and circumstances
of the case and there is specific and direct allegation against the
petitioner, I am not inclined to enlarge the petitioner on bail in
connection with Gogha P.S. Case No. 93 of 2025 pending in the
Court of learned A.C.J.M. 2nd, Bhagalpur.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
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