Patna High Court
Sudhir MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail and dismissed the petitioner's application.
Summary
Sudhir Mandal and co‑accused were charged with murder under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, based on an FIR alleging they called the deceased and killed him. The petitioners, who have prior criminal records and are already in custody, applied for regular bail for the Sabour police case No. 337 of 2024. The trial charge was framed on 25‑04‑2025, but no witness had yet been examined. The petitioner argued that the lack of trial progress warranted bail. The court, noting the seriousness of the offence, the existence of a charge sheet, and the petitioners' criminal antecedents, declined to review its earlier order denying bail. Consequently, the bail application was dismissed and the police were directed to ensure witness attendance in the trial.
Issues considered
- Whether regular bail can be granted to accused persons of murder under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, considering the gravity of the offence and the framing of charge.
- Whether the earlier order denying bail can be reviewed in light of the trial’s progress.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- criminal antecedents
- charge framed
- witness attendance
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81957 of 2025
Arising Out of PS. Case No.-337 Year-2024 Thana- SABAUR District- Bhagalpur
======================================================
Sudhir Mandal S/O Late Naresh Mandal Resident of Village- Babupur, P.S-
Sabour, Distt.- Bhagalpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Dilip Kumar, Advocate
For the Opposite Party : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Sabour
P.S. Case No.337 of 2024 registered for the offence punishable
under sections 103(1) and 3(5) of the B.N.S., 2023.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 12.05.2025 passed in Criminal
Miscellaneous No.18888 of 2025 with Criminal Miscellaneous
No.19677 of 2025. The aforesaid order dated 12.05.2025 reads
as under:-
“As both these bail applications arise
from the same police station case, hence, with
consent of parties, they are being heard
together and disposed of by this common order.
2. Heard learned counsel for the
Patna High Court CR. MISC. No.81957 of 2025(3) dt.11-02-2026
2/3
petitioners, learned APP for the State and
learned counsel for the informant.
3. This application is for grant of
regular bail in connection with Sabour P.S.
Case No.337 of 2024, registered for the
offences under Sections 103(1), 3(5) of the
Bhartiya Nyaya Sanhita.
4. As per the F.I.R., petitioners are
accused of calling the deceased and thereafter,
killing him. During investigation one witness,
namely, Sohan Mandal has said that the
murder weapon was brought by the petitioners,
who are well known criminals of the area and
kept the same in his shop.
5. Petitioner, namely, Mukesh has five
criminal antecedents in custody and he is in
jail since 25.09.2024 and petitioner namely,
Sudhir Mandal has one criminal antecedent
and he is in jail since 06.10.2024.
6. Considering the gravity of the
offence, I am not inclined to grant the privilege
of regular bail to the petitioners.
7. These applications are dismissed,
accordingly.”
4. Learned counsel for the petitioner submits
that in the trial charge has been framed on 25.04.2025 but no
witness has been examined till date.
5. Considering the gravity of the offence and
also the fact that charge has been framed in the trial, I am not
inclined to review my earlier order dated 12.05.2025.
Accordingly, this bail application is dismissed.
Patna High Court CR. MISC. No.81957 of 2025(3) dt.11-02-2026
3/3
6. The Senior Superintendent of Police,
Bhagalpur is directed to ensure the presence of the witnesses in
the trial.
7. Let a copy of this order be communicated to
the Senior Superintendent of Police, Bhagalpur forthwith
through FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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