Patna High Court
Mithilesh Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail, holding that the lack of substantial evidence and the petitioner’s clean record warranted release on bond with conditions.
Summary
Mithilesh Kumar Mandal was arrested in connection with a murder alleged under Sections 103(1), 238 and 61(2) of the B.N.S. The FIR, lodged on 24‑06‑2025, recorded an incident that occurred on 22‑06‑2025 and was criticized for its delay. The prosecution’s case relied mainly on a spy’s information and a confessional statement of a co‑accused who merely placed the petitioner at the scene without attributing any criminal role, with no eye‑witnesses or weapon recovered. The petitioner, who has no prior criminal record, sought bail, arguing the lack of substantive evidence. The Court, after noting the absence of material evidence and the petitioner’s prolonged custody since 25‑06‑2025, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding court attendance and surety composition.
Issues considered
- What is the appropriate bail decision when the prosecution’s evidence consists only of a spy’s information and a co‑accused’s confessional statement without eye‑witnesses or a weapon?
- Does the delay in lodging the FIR affect the grant of bail?
- Does the filing of a charge‑sheet preclude bail in the circumstances described?
Legislation cited
- B.N.S. — s. 103(1), 238, 61(2)
Subjects
- bail
- murder
- FIR delay
- lack of evidence
- confessional statement
- sureties
- court attendance condition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73550 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- RATWARA District- Madhepura
======================================================
Mithilesh Kumar Mandal Son of Rajendra Mandal @ Rajo Mandal R/o
Village - Gangapur Kachari tola, P.S. - Ratwara, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Singh, Adv.
For the Opposite Party/s : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 18-02-2026 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 103 (1), 238 and 61 (2) of
B.N.S.
3. Allegation in the F.I.R is that informant’s brother
was murdered by some unknown persons.
4. Learned counsel for the petitioner submits that the
First Information Report was lodged on 24.06.2025 for an
incident which took place on 22.06.2025 and no plausible
explanation has been tendered in delayed lodging of the First
Information Report. It is further submitted that the dead body of
the deceased, as per the F.I.R, was recovered from the bushes
near the house of one Ramchandra Thakur and during the course
Patna High Court CR. MISC. No.73550 of 2025(4) dt.18-02-2026
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of investigation upon spy information that this petitioner and co-
accused Dablu Kumar were seen near the place of occurrence,
they were taken into custody and the said Dablu Kumar in his
confessional statement has only mentioned the presence of the
petitioner without attributing any role to him. It is further
submitted that there is no eye witness to the incident nor any
weapon of offence has been recovered. So far as the petitioner is
concerned, the only material transpiring against him is the vague
disclosure of the spy and the confessional statement of the co-
accused which has no evidentiary values in the eyes of law. The
petitioner has no criminal antecedent and he is custody since
25.06.2025 and undertakes to co-operate in case/trial.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that no
substantial evidence has been collected against the petitioner
during the course of the investigation, there are no eye witnesses
in the case, coupled with the fact that petitioner is in custody
since 25.06.2025 and charge sheet has already been submitted,
the above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.73550 of 2025(4) dt.18-02-2026
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learned Court below where the case is pending/successor Court
in connection with Ratwara P.S. Case No. 29 of 2025, subject to
the conditions that :
(i) One of the bailors will be his close relative/family
members.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Harsh/-
U T
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