Patna High Court

Raju MandalversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

Bail was granted to the petitioner as the FIR did not allege him and his custody satisfied the requirement for surety.

Summary

The petitioner, Raju Mandal, was charged in a 2013 case for offences under Sections 302, 201 and 34 of the Indian Penal Code relating to the alleged murder of a woman who fell into a well. The FIR did not specifically name the petitioner as an accused, but he was taken into custody on 23‑04‑2025 after failing to surrender, citing his absence from the state for livelihood reasons. The petitioner applied for bail, arguing that there was no allegation against him in the FIR and that his default had already been punished by his detention. The State opposed the bail on the ground of his absconding. The Court examined the lack of specific allegation, the petitioner’s custody period, and the principle that bail may be granted when the charge is not directly against the applicant, despite his earlier default. Accordingly, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation and appearance before the trial court.

Issues considered

Whether bail can be granted to an accused who has absconded and failed to surrender when the FIR does not specifically allege him as a participant in the offence.
Whether the petitioner’s prior default and custody constitute a ground to deny bail under the circumstances.

Legislation cited

Indian Penal Code — s. 201, 302, 34

Subjects

bail
Indian Penal Code
Section 302
Section 201
Section 34
absconding
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61801 of 2025
                      Arising Out of PS. Case No.-29 Year-2013 Thana- ROSHANGANJ District- Gaya
                 ======================================================
                 Raju Mandal Son of Saheban Mandal R/o Village - Dumrigarh, P.S. -
                 Roshanganj, Dist. - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md. Javed Jafar Khan
                 For the Opposite Party/s :      Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   13-01-2026                  Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-302, 201/34 of the Indian Penal

                   Code.

                                3. Prosecution case in short is that the informant’s

                   daughter died due to falling into the well. It is claimed by the

                   informant that the in-laws of his sister together killed her and

                   concealed her dead body.

                                4. It has been submitted on behalf of the petitioner that

                   there is no allegation at all against the petitioner in the fardbeyan of

                   the informant. The default of the petitioner is that he could not

                   surrender in the court below and due to his absconding, the case was

                   lingered. As a matter of fact, the petitioner was out of state for
            Patna High Court CR. MISC. No.61801 of 2025(4) dt.13-01-2026
                                                        2/2




                      earning his livelihood. The petitioner is in custody since 23-04-2025.

                      Learned counsel has further submitted that the petitioner has amply

                      been punished for his default.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. The F.I.R. shows that there is no allegation at all against

                      the petitioner. The petitioner is in custody since 23-04-2025.

                                   7. Considering the aforesaid facts and circumstances, let

                      the petitioner named above, 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 learned Sub Divisional Judicial

                      Magistrate, Sherghati, Gaya in connection with Roshanganj P.S. Case

                      No. 29 of 2013 with the following conditions:

                                   (i) The petitioner shall cooperate with the trial of the case

                      and make himself available as and when required by the court.

                                   (ii) The petitioner will appear in the court below on each

                      and every date fixed in the case.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T

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