Patna High Court
Satish Mandal @ Baba @ Raju BhuiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to the stipulated conditions.
Summary
Petitioners Satish Mandal and Santosh Kumar were arrested in connection with a theft alleged under Sections 309(4) and 317(2) of the Bharatiya Nyay Sanhita, 2023. They contended that they were not named in the FIR and were implicated only through self‑confessional statements recorded in a separate case, asserting their innocence. The prosecution opposed bail, citing the seriousness of the offences and the petitioners' criminal antecedents. The High Court examined the material, noted the lack of direct FIR naming, and considered the petitioners' antecedents. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to accused charged under Sections 309(4) and 317(2) of the Bharatiya Nyay Sanhita, 2023 despite the nature of the offence and prior criminal antecedents.
- Whether the absence of the petitioners' names in the FIR and reliance on self‑confessional statements affect the grant of bail.
- Whether the court may impose conditions such as cooperation, appearance, and verification of antecedents on the bail order.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 309(4), 317(2)
Subjects
- bail
- criminal antecedent
- theft
- Bharatiya Nyay Sanhita
- Section 309
- Section 317
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79264 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- CHERKI District- Gaya
======================================================
Satish Mandal @ Baba @ Raju Bhuiyan S/o Late Karu Mandal @ Manu
Mandal @ Kali Bhuiyan R/o Village- Pathalkati (Gopalpur), PS- Sherghati,
Distt- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 77510 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- CHERKI District- Gaya
======================================================
Santosh Kumar @ Santosh Mehta S/o Upendra Singh R/o Vill- Apaki, P.S.-
Kasma, Distt- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 79264 of 2025)
For the Petitioner/s : Mr. Paras Nath, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
(In CRIMINAL MISCELLANEOUS No. 77510 of 2025)
For the Petitioner/s : Mr. Kamlendra Prasad Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Paras Nath, learned counsel for the
petitioner and Mr. Raj Kishor Singh, learned Additional Public
Prosecutor for the State (in Cr. Misc. No. 79264 of 2025) and
Mr. Kamlendra Prasad Singh, learned counsel for the petitioner
and Mr. Satyendra Prasad, learned Additional Public Prosecutor
for the State (in Cr. Misc. No. 77510 of 2025).
Patna High Court CR. MISC. No.79264 of 2025(4) dt.29-01-2026
2/4
2. Petitioners seeks bail who are in custody since
03.03.2025 in connection with Cherki P.S. Case No. 12 of 2025,
F.I.R. dated 23.01.2025 for the offences punishable under
Section 309(4) of the Bharatiya Nyay Sanhita, 2023 and later on
Section 317(2) of Bharatiya Nyay Sanhita, 2023 added.
3. According to prosecution case, the informant
alleged that when he was going to village Pipra to Gaya and
reached at Jamari Pul, three miscreants came and snatched his
motorcycle, cell phone and bag containing biometric charger
and loan amount of Rs.91,621/-.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they falsely been implicated in the
present case. Petitioners are not named in the FIR and their
name transpired on the basis of self-confessional statement of
the petitioners which was recorded in Gurua P.S. Case No. 72 of
2025 and thereafter the petitioners were remanded in the present
case on 03.03.2025 and the police recovered the articles from
abandoned condition lying beside road and petitioners have no
concern at all with the alleged recovery of articles and no TIP
was conducted by the prosecution. He further submits that
petitioner, namely, Satish Mandal @ Baba @ Raju Bhuiyan has
13 criminal antecedents out of which he is accused in seven cases
Patna High Court CR. MISC. No.79264 of 2025(4) dt.29-01-2026
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and rest six cases wrongly mentioned in the case diary in which
he is not made accused in any way and in one case he is on bail
and in other six cases he has been remanded later and petitioner,
namely, Santosh Kumar @ Santosh Mehta carries eight criminal
antecedent and he is on bail in one out of eight. The police after
investigation submitted charge-sheet and the petitioners are in
custody since 03.03.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-V, Gaya in connection with
Cherki P.S. Case No. 12 of 2025, subject to the following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
Patna High Court CR. MISC. No.79264 of 2025(4) dt.29-01-2026
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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