Phul Deo Mandal @ Kuldeo Mandal @ Phul Deo Kumar @ Kuldeo Kumar MandalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 64362 of 2025
                    Arising Out of PS. Case No.-260 Year-2025 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Phul Deo Mandal @ Kuldeo Mandal @ Phul Deo Kumar @ Kuldeo Kumar
                 Mandal S/O Satya Narayan Mandal R/o village- Belha Ward no .7, P.S.-
                 Phulparas, District- Madhubani
                                                                    ... ... Petitioner/s
                                                Versus

           1.    The State of Bihar
           2.    Ram Kumar Mandal S/O Late Yogendra Mandal R/o village- Belha, P.s.-
                 Phulparas, District- Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagandeo Yadav, Advocate
                                                  Mr. Udeshya Kumar Yadav, Advocate
                                                  Mr.Ravi Prakash, Advocate
                 For the Opposite Party/s :       Mr.Aditya Narayan Singh.1, A.P.P.
                                                  Mr. Ravi Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   11-02-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State. Perused

                   the case diary.

                                2. The petitioner seeks bail in connection with

                   Phulparas P.S. Case No. 260 of 2025, instituted for the offences

                   under Sections 65(1), 351(1), 352, 76 and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. Allegation against the accused persons including the

                   petitioner is of commission of rape upon the victim girl on the

                   point of pistol.
Patna High Court CR. MISC. No. 64362 of 2025(6) dt.11-02-2026
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                      4. Learned counsel for the petitioner submitted that the

          petitioner is innocent and has falsely been implicated in the

          present case. Learned counsel for the petitioner submitted that

          general and omnibus allegation has been made against the

          petitioner. Learned counsel further submitted that from perusal

          of statement of victim recorded under Section 180 of the BNSS,

          it appears that specific allegation is against Abhi Saurav Kumar

          Mandal and co-accused Indrakant Mandal who have given

          threatening to her mother. The petitioner is the uncle of said

          Abhi Saurav Kumar. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 17.06.2025 and

          has no criminal antecedent.

                      5. Learned A.P.P. for the State and learned counsel for

          the informant vehemently opposed the prayer for grant of bail to

          the petitioner. Learned APP further submitted that victim in her

          statement recorded under Section 183 of the BNSS has

          corroborated the contents of the FIR and the same is further

          substantiated by the medical report of the victim, and therefore,

          the petitioner does not deserve to be released on bail. The

          investigation is going on against other co-accused, but

          Chargesheet has been submitted against the petitioner u/s 65(1),

          351(2), 352, 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023
           Patna High Court CR. MISC. No. 64362 of 2025(6) dt.11-02-2026
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                     and Section 4 / 6 of the POCSO Act.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, nature and gravity of offence this Court is not

                     inclined to grant bail to the petitioner at this stage.

                                  7. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.

                                  8. Learned Trial Court is directed to expedite the trial.

                                  9. However, liberty is granted to the petitioner to

                     renew the prayer for grant of bail before the Trial Court if the

                     trial is not concluded within a period of four months from today.

                     If any such application is filed before the learned court below,

                     the court concerned shall consider the same on its own merit

                     without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T