Patna High Court
Mitan MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with conditions of personal presence at trial and a bail bond.
Summary
Mitan Mandal petitioned for bail in a criminal case (Raniganj P.S. Case No. 344 of 2024) under Sections 80 and 61(2) of the B.N.S., 2023, alleging dowry‑related homicide. The trial court had only framed charges and no witnesses had been examined, and the earlier bail application had been rejected with a liberty to re‑apply after six months. The petitioner’s counsel argued that the FIR was vague, the post‑mortem showed only minor injuries, the death was not natural, and the petitioner had no criminal antecedents and had been in custody since August 2024. The State opposed bail, contending the seriousness of the alleged offence. After hearing both sides, the High Court granted bail on the condition that the petitioner remain present at all trial dates, furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted when only charges have been framed and the trial has not commenced
- Whether the nature of the evidence and the petitioner’s lack of criminal antecedents justify bail
Legislation cited
- B.N.S., 2023 — s. 61(2), 80
Subjects
- bail
- criminal procedure
- dowry death
- Section 80 B.N.S.
- Section 61(2) B.N.S.
- pre‑trial detention
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83541 of 2025
Arising Out of PS. Case No.-344 Year-2024 Thana- RANIGANJ District- Araria
======================================================
Mitan Mandal Son of Bhushan Mandal R/o Village - Parihari ward no. 7, P.S.
- Raniganj, Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 30-01-2026 Heard Mr. Gopal Kumar Jha, learned counsel for the
petitioner and Mr. Satyendra Prasad, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Raniganj P.S. Case No. 344 of 2024 corresponding to S.T.
No. 783 of 2024 registered for the offence punishable under
Sections 80/61(2) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
earlier the bail petition of the petitioner was rejected vide order
dated 03.04.2025 by this court with a liberty that the petitioner
is at liberty to renew his prayer for bail after six months if the
trial is not concluded. A report has been called from the learned
trial court, and from perusal of which it transpires that till today,
only charges has been framed, no witness has been examined.
4. The case of the prosecution in short is that the
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daughter of the informant was married to the petitioner one and
a half year ago. She was subjected to cruelty on account of non-
fulfillment of dowry demand. A bike was being demanded. It is
alleged that she was killed by her in-laws.
5. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that from
perusal of the FIR, it is clear that the nature of allegation is
general and omnibus. From perusal of the postmortem report,
following injuries were found on the person of the deceased:-
I. Bleeding from nostrils;
ii. Abrasion approx 1x1cm over eyelid;
iii. No any other external injury seen over any part of
the body.
6. Learned counsel for the petitioner also submits that
from perusal of the FSL report, it transpires that the death was
not natural. He also submits that the trial has still not started. He
further submits that a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 02.08.2024.
7. The application for bail is opposed by learned APP
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for the State.
8. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall cooperate in the stage of trial and
shall remain physically present on each and every date fixed
by the learned trial court, till the disposal of the case. The
above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned Additional District & Sessions Judge-IV, Araria in
connection with Raniganj P.S. Case No. 344 of 2024
corresponding to S.T. No. 783 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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