Patna High Court
Shobhanand Mandal @ Shobhanand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the victim’s police statement was more credible and therefore granted regular bail to the petitioner.
Summary
The petitioner, Shobhanand Mandal, was arrested in connection with kidnapping and alleged sexual offences under Sections 96, 65(1), 3(5) of the B.N.S. and Sections 4 and 6 of the POCSO Act. The victim’s initial police statement indicated she had left her house voluntarily with the petitioner, but a later statement under Section 183 of the B.N.S.S. alleged a sexual act by him. The petitioner, who has one prior criminal case and has been in custody since 18‑07‑2025, claimed innocence and pledged cooperation with the trial. The State opposed regular bail, while the petitioner’s counsel argued that the police statement was more reliable than the magistrate’s record. The court found the police statement more believable and consequently granted regular bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the POCSO Act and kidnapping provisions.
- Whether the victim’s police statement is more credible than her statement before the magistrate for the purpose of bail.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
Subjects
- bail
- kidnapping
- sexual offences
- POCSO Act
- victim statement
- police statement
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79810 of 2025
Arising Out of PS. Case No.-81 Year-2025 Thana- BHIMPUR District- Supaul
======================================================
Shobhanand Mandal @ Shobhanand Kumar Son of Mahanand Mandal @
Mahanand Kamat Resident of Village- Ward no. 14, Belaganj, P S
-Bhimnagar District -Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX Wife of Y Resident of Village- Jiwachhpur, Ward no. 08, Ps-
bhimnagar, Dist- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner, learned counsel
for the informant and learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail in connection with Bhimpur
P.S. Case No. 81/2025 registered for the offences punishable under
Sections 96, 65(1), 3(5) of the B.N.S. and Sections 4 and 6 of
POCSO Act.
3. As per the prosecution case, petitioner is accused of
kidnapping the victim and have sexual relationship with her.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that the victim in her
statement before the police stated that she left her house on her
Patna High Court CR. MISC. No.79810 of 2025(4) dt.19-03-2026
2/2
own with the petitioner and subsequently, she came back along
with her brother and in her statement before the police, she had not
alleged anything against the petitioner. The victim subsequently in
her statement recorded under Section 183 B.N.S.S, she has alleged
sexual act by the petitioner. Petitioner has one criminal antecedent
and he is in custody since 18.07.2025. The petitioner undertakes
to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer for
regular bail of the petitioner.
6. Considering that the statement of the victim before
the police appears to be more believable than her statement before
the Magistrate, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Addl. Sessions Judge-cum-
Special Judge, POCSO Act, Supaul/concerned Court below in
connection with Bhimpur P.S. Case No. 81 of 2025.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…