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Patna High Court

Mitan MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.83541 of 2025(3) dt.30-01-2026
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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
           Patna High Court CR. MISC. No.83541 of 2025(3) dt.30-01-2026
                                                       3/3




                     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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