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Patna High Court

Makhan MandalversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                            2/3




          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
                                                           3/3




                         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//-

U          T


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