Patna High Court
Mahendra MarandiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that the seriousness of the offences, including murder, precludes the grant of regular bail despite the trial not having proceeded to witness examination.
Summary
Mahendra Marandi was charged under IPC sections 363, 364, 365, 506 and later 302, as well as Section 3(2)(v) of the SC/ST Act for the alleged killing of a deceased person. He applied for regular bail for the second time after an earlier bail application was rejected. The petitioner argued that no witness had yet been examined and that the trial had only recently commenced, warranting bail. The court observed that the charges, especially the addition of murder, were grave and that the commencement of trial, even without witness examination, did not create a ground for bail. Consequently, the bail application was dismissed and the police were directed to ensure witness attendance in the lower court.
Issues considered
- Whether regular bail can be granted when the accused faces serious offences including murder and the trial has commenced but no witness has yet been examined.
- Whether the absence of witness examination constitutes a sufficient ground for granting bail.
Legislation cited
- Indian Penal Code — s. 302, 363, 364, 365, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- criminal procedure
- IPC
- murder
- SC/ST Act
- trial commencement
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81413 of 2025
Arising Out of PS. Case No.-105 Year-2024 Thana- FALKA District- Katihar
======================================================
Mahendra Marandi S/O Late Parmeshwar Marandi R/O Vill.- Srikole, P.S-
Falka, Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar Singh
For the Opposite Party/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-01-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with S.Tr. No. 202 of 2025
arising out of Falka P.S. Case No. 105 of 2024 registered for the
offence under Sections 363, 364, 365, 506 of the Indian Penal
Code and under Section 3(2)(v) of the SC/ST Act and later on
vide order dated 22.5.2024 Section 302 of the Indian Penal
Code was also added.
3. Earlier the bail application of the petitioner was
rejected on 15.05.2025 in Cr. Misc. No. 30610 of 2025, which
reads as follows:-
Heard learned counsel for the
petitioner and learned APP for the State.
Patna High Court CR. MISC. No.81413 of 2025(2) dt.16-01-2026
2/3
2. The petitioner seeks regular bail in
connection with S.Tr. No. 202 of 2025 arising out
of Falka P.S. Case No. 105 of 2024 registered for
the offence under Sections 363, 364, 365, 506 of
the Indian Penal Code and under Section 3(2)(v)
of the SC/ST Act and later on vide order dated
22.5.2024 Section 302 of the Indian Penal Code
was also added.
3. As per the prosecution case, the
petitioner is accused of killing the deceased.
4. The petitioner is named in the self-
inculpatory statement of the co-accused as a
participant of the killing the deceased.
5. The petitioner is in jail since
20.05.2024.
6. Considering the fact that the
petitioner is involved in the killing of the
deceased, this Court is not inclined to grant bail
to the petitioner.
7. Accordingly, this application is
dismissed.
4. Learned counsel for the petitioner submits that
though the charges have been framed on 27.05.2025 but no
witness has been examined and therefore, the petitioner may be
granted bail.
5. Considering the fact that trial has started, no ground
for review is made out. Accordingly, this application for regular
Patna High Court CR. MISC. No.81413 of 2025(2) dt.16-01-2026
3/3
bail stands rejected.
6. The Superintendent of Police, Katihar is directed to
ensure the attendance of the witnesses in the concerned court
below.
7. Let a copy of this order be communicate through
FAX/ e-mail to the Superintendent of Police, Katihar for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…