Patna High Court
Ashok MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the regular bail application.
Summary
Ashok Mandal was charged with kidnapping for ransom under Sections 364, 364A and 34 of the Indian Penal Code. The petitioner had been in custody since May 19, 2023 and earlier bail applications were rejected by the Patna High Court. He filed a fresh regular bail application, arguing that the trial had commenced and only one witness had been examined. The court considered the gravity of the offence and the fact that the trial was already underway, and declined to revisit its earlier orders. Consequently, the bail application was dismissed and the Superintendent of Police was directed to ensure witness attendance in the ongoing trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a kidnapping for ransom case under Sections 364, 364A and 34 of the IPC, given that the trial has commenced and the offence is serious.
Legislation cited
- Indian Penal Code — s. 34, 364, 364A
Subjects
- bail
- kidnapping
- ransom
- Indian Penal Code
- Criminal Procedure Code
- high court
- trial commencement
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63815 of 2025
Arising Out of PS. Case No.-86 Year-2021 Thana- NIRMALI District- Supaul
======================================================
Ashok Mandal S/o Late Palak Mandal R/o Village- Fulkahi, P.S - Phulparas,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Nirmali P.S. Case No. 86 of 2021, corresponding to G.R. No.
383 of 2021 giving rise to Sessions Trial No. 456 of 2023/S.T.
No. 245 of 2021 instituted under Sections 364, 364(A)/34 of the
Indian Penal Code.
3. As per prosecution case, the informant alleges
that the petitioner along with other persons has kidnapped his
son for ransom and kept his somewhere or killed him.
4. Earlier the regular bail applications of the
petitioner was dismissed on 01.11.2023 and 06.12.2023 in Cr.
Misc. Nos. 69459 of 2023 and 70880 of 2024 respectively by
this Court.
Patna High Court CR. MISC. No.63815 of 2025(3) dt.09-02-2026
2/2
5. The learned counsel for the petitioner submits
that the trial has been started and one witness has been
examined. The petitioner is in custody since 19.05.2023.
6. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
7. The application for regular bail is, accordingly,
dismissed.
8. The Superintendent of Police, Supaul is directed to
ensure the attendance of the witnesses in the trial on the dates
fixed.
9. Let a copy of this order be communicated to the
Superintendent of Police, Supaul through FAX or e-mail for its
compliance forthwith.
(Sandeep Kumar, J)
Jyoti Kumari/-
U T
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