Patna High Court
Kailu Mandal @ Kailash Mandal @ Kailash Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Kailu Mandal, was arrested in connection with a case (Kursela P.S. Case No. 64 of 2025) alleging that he and five others abused the brother of an informant, leading to a fatal shooting with a rifle. The prosecution charged him under sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, 1959. The petitioner contended that he was falsely implicated, noting that co‑accused had been granted bail and that the informant had identified another person, Karu Lal Yadav, as the shooter. The State opposed bail, emphasizing the direct allegation against the petitioner in the FIR. After considering the FIR allegations, the six‑month pre‑trial custody, the filing of the charge‑sheet and the bail granted to co‑accused, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder and an arms offence under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 61(2)
Subjects
- bail
- regular bail
- criminal procedure
- murder
- arms offence
- high court
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6250 of 2026
Arising Out of PS. Case No.-64 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Kailu Mandal @ Kailash Mandal @ Kailash Kumar Mandal S/o- Sudi
Mandal @ Sudhir Mandal Resident of Mohalla/Village - Kheriya Yadav Tola,
P.S-Kursela, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the State : Mr. Ram Bilash Roy Raman, APP
For the Informant : Mr. Manish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kursela P.S. Case no. 64
of 2025 registered under sections 103(1), 238 and 61(2) of the
Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act,
1959.
3. As per the prosecution case, the six named accused
persons including the petitioner herein are said to have abused
the brother of the informant. Thereafter, it is stated that he was
threatened and as a result of firing resorted to from a rifle, his
brother sustained fire arm injury and died. The accused persons
took away the dead body.
Patna High Court CR. MISC. No.6250 of 2026(2) dt.04-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Co-accused Buttan
Yadav, Buttan Mandal and Badal Yadav have been enlarged on bail
vide order dated 22.1.2026 passed in Cr. Misc. no. 77924 of 2025
and analogous cases taking into consideration that in course of
investigation, the informant has stated that it was Karu Lal Yadav
who fired upon the informant. The order further takes note of the fact
that the allegation of firing is not against the petitioner. The petitioner
is in custody since 28.7.2025 and has no criminal antecedent.
Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that not only the petitioner is
named in the FIR but there is direct allegation against him of the
accused having resorted to firing resulting in the death of the
brother of the informant.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, grant of bail
to the three other FIR named co-accused, the petitioner being in
custody for six months since 28.7.2025 and the chargesheet
having been submitted in the case, the Court directs the petitioner
to be enlarged on bail in connection with Kursela P.S. Case no. 64 of
Patna High Court CR. MISC. No.6250 of 2026(2) dt.04-02-2026
3/3
2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Katihar.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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