Patna High Court
Pappu MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
Pappu Mandal, who was not named in the FIR, was arrested on 20 August 2025 in connection with a case involving alleged murder of an informant's husband and several other offences under the Indian Penal Code. The petitioner sought bail, arguing that the informant was not an eye‑witness, the allegations were based on hearsay, and the death of the husband was due to other causes. The prosecution opposed bail, citing the seriousness of the charges, including murder under Section 304 IPC. The court noted that the charge‑sheet had already been filed, the investigation was complete, and there was no risk of evidence tampering. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the CrPC.
Issues considered
- Whether bail should be granted to an accused not named in the FIR but charged with murder and other offences under the IPC
- Whether the lack of an eye‑witness and the alleged hearsay nature of the evidence justify bail
- Whether the filing of a charge‑sheet and completion of investigation preclude the possibility of evidence tampering
Legislation cited
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 304, 307, 323, 34, 341, 379, 504, 506
Subjects
- bail
- murder
- Indian Penal Code
- Criminal Procedure Code
- hearsay
- charge-sheet
- investigation
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80767 of 2025
Arising Out of PS. Case No.-1012 Year-2021 Thana- BANKA District- Banka
======================================================
Pappu Mandal Son of Late Sannu Mandal Resident of Village- Bishahra, P.S.
and District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Raj, Adv
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Banka
P.S. Case No. 1012 of 2021 registered for the offence under
Sections 341, 323, 504, 506, 379, 307/34 of the Indian Penal
Code.
3. The accused/petitioner is not named in the F.I.R. and
is in custody since 20.08.2025.
4. The allegation against this petitioner is to commit
murder of the husband of informant along with other co-accused
persons/family members by causing bodily injuries using iron rod,
pipe etc., where injured husband of the informant died after 24
days of the occurrence and subsequently Section 304 of the Indian
Penal Code was added in the formal F.I.R., where occurrence
arises out of previous enmities due to local disputes and
Patna High Court CR. MISC. No.80767 of 2025(2) dt.09-02-2026
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differences.
5. Learned counsel appearing on behalf of the petitioner
submitted that it appears from the face of F.I.R. that informant is
not the eye witness of the occurrence and raised allegation based
upon suspicion and hearsay input, as received from unknown
villagers. It is submitted that the present implication is out of
previous enmities, when husband of informant received injuries
out of accident. It is further submitted that after treatment the
husband of informant returned his home and died thereafter,
certainly for other reasons, not the injuries as alleged to be
received during occurrence. While concluding the argument, it has
been submitted that after investigation charge-sheet has been
submitted under Section 304 of the Indian Penal Code and
moreover, investigation of this case is completed, and as such,
there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. Considering the facts and circumstances as
mentioned above, and by taking note of the fact as informant is
not the eye witness of the occurrence, where after investigation
charge-sheet has been submitted under Section 304 of the Indian
Penal Code, where petitioner is in custody since 20.08.2025,
accordingly the petitioner, above named, is directed to be released
Patna High Court CR. MISC. No.80767 of 2025(2) dt.09-02-2026
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on bail in connection with Banka P.S. Case No. 1012 of 2021 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Banka/concerned Court, subject to the
conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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