Created by Fuzzy Cloud

Patna High Court

Mithilesh Mandal @ Mithilesh Kumar MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner, holding that the commencement of trial and seriousness of the offence preclude bail.

Summary

The petitioner, Mithilesh Mandal, was charged under IPC Section 376(D‑A) and POCSO Act Section 4(6) for allegedly raping a minor. The prosecution alleged that the accused forcibly took the victim on a motorcycle, gagged her, and committed rape. The petitioner sought regular bail, arguing that although charges were framed, no witness had yet been examined. The High Court noted that the trial had already commenced and found no ground for a review of the earlier bail denial. Consequently, the court rejected the bail application and directed the Superintendent of Police to ensure witness attendance. The order was communicated to the police for compliance.

Issues considered

  • Whether regular bail can be granted to an accused of rape under IPC 376(D‑A) and POCSO Act 4(6) when the trial has already commenced.
  • Whether the absence of witness examination at the stage of bail application warrants granting bail.

Legislation cited

Subjects

  • bail
  • rape
  • POCSO
  • criminal procedure
  • high court
  • regular bail
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82417 of 2025
                        Arising Out of PS. Case No.-507 Year-2022 Thana- RAJAON District- Banka
                 ======================================================
                 Mithilesh Mandal @ Mithilesh Kumar Mandal S/o- Kailash Mandal Village-
                 Chaksafiya PS-Rajoun District- Banka



                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X D/o- Y R/v- Z Ps- Rajoun Dist- Banka


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr.Ram Naresh Ray, APP
                 ======================================================
                 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 Rajoun P.S. Case No.

                   507 of 2022 registered for the offence punishable under Sections

                   376(D-A) of the Indian Penal Code and Section 4(6) of POCSO

                   Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 22.05.2023 in Cr. Misc. No. 21802 of 2023, which

                   reads as follows:-

                                                   Heard         learned counsel for the
                                      petitioner and learned APP for the State.
Patna High Court CR. MISC. No.82417 of 2025(2) dt.16-01-2026
                                            2/3




                                          This application for grant of regular
                             bail arise out of Rajoun P.S. Case No. 507 of
                             2022 registered for the offence punishable under
                             Sections 376(D-A) of the Indian Penal Code and
                             Section 4(6) of POCSO Act.
                                          The prosecution case in brief is that
                             while victim girl had gone to attend nature's call,
                             the    accused       Vibhuti      Kumar   and   present
                             petitioner forcibly took her on a motorcycle and
                             gagged her mouth. Thereafter, they committed
                             rape on her.
                                          In view of the aforesaid fact, this Court
                             is not inclined to grant bail to the petitioner.
                                          Accordingly, the prayer of bail of the
                             petitioner is rejected herewith.
                                          The Trial Court is directed to expedite
                             the trial.
                       4. Learned counsel for the petitioner submits that

          though the charges have been framed, 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

          bail stands rejected.

                       6. The Superintendent of Police, Banka is directed to

          ensure the attendance of the witnesses in the concerned court

          below.

                       7. Let a copy of this order be communicate through
              Patna High Court CR. MISC. No.82417 of 2025(2) dt.16-01-2026
                                                          3/3




                        FAX/ e-mail to the Superintendent of Police, Banka for its

                        compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.