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Patna High Court

Mithilesh Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                          3/3




                        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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