Patna High Court
Mitendra Prasad Mandal @ Mitendra Prasad @ Jitendra MandalversusThe State of Bihar thorugh Vigilance, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- SHAILENDRA SINGH
Holding
The court held that the petitioner is entitled to regular bail after framing of charge despite the serious nature of the allegations.
Summary
Mitendra Prasad Mandal, a police officer, was arrested in connection with a vigilance case alleging he took a bribe under Section 7(a) of the Prevention of Corruption Act, 1988 (Amendment 2018) and Section 61(2) of the B.N.S. He applied for regular bail, claiming innocence and that the investigation had been completed while he had been in custody since 10 September 2025. The State opposed bail, arguing misuse of his official position. The court, after hearing both sides, noted the seriousness of the allegation but considered the completed investigation and the length of custody, and therefore granted regular bail on a bond of Rs. 20,000 with two sureties, to be released after framing of charge. The trial court was directed to frame charges at the earliest.
Issues considered
- Whether a police officer accused of taking a bribe under the Prevention of Corruption Act and B.N.S. can be granted regular bail before charge framing.
- Whether the completion of investigation and the period of custody justify granting bail despite serious allegations.
Legislation cited
- B.N.S. — s. 61(2)
Subjects
- regular bail
- prevention of corruption act
- section 7(a)
- B.N.S. section 61(2)
- police officer
- investigation completed
- vigilance case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86129 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- VIGILANCE District- Patna
======================================================
Mitendra Prasad Mandal @ Mitendra Prasad @ Jitendra Mandal, S/o Late
Ramchandra Prasad Mandal @ Ram Charitra Prasad Mandal Village- Purani
Laihata, Police Station- Banka, District- Banka
... ... Petitioner/s
Versus
The State of Bihar thorugh Vigilance, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Adv.
For the State : Mr. Arvind Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 1. Heard Mr. Ajay Mukherjee,, learned counsel for
the petitioner and Mr. Arvind Kumar, learned counsel for the
Vigilance.
2. The petitioner seeks regular bail in connection with
Vigilance P. S. Case No. 75 of 2025, dated 08.09.2025
registered for the offences punishable under Section 7(a) of
Prevention of Corruption Act, 1988 (Amendment 2018) and
Section 61(2) of the B.N.S.
3. The main submissions advanced by the petitioner's
counsel are that the petitioner is quite innocent, has committed
no offence of taking bribe from the informant, in fact, the
petitioner arrested the informant's nephew namely Ankit Kumar
in connection with Madhepura P.S. Case No. 890 of 2025 and
Patna High Court CR. MISC. No.86129 of 2025(2) dt.09-01-2026
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after apprehending the said accused, the investigation of that
case was handed over to one Sachin Kumar, Sub-Inspector of
Madhepura police Station and it is alleged that the petitioner
persuaded the informant to extend favour in the said case but
said allegation is completely false and unbelievable as the
petitioner had no connection with the said case during the
relevant time and he was not the investigating officer of the said
case at that time. It is further submitted that the petitioner has
been languishing in jail since 10.09.2025 and against him the
investigation has been completed.
4. Mr. Arvind Kumar, learned counsel appearing for
the Vigilance, has opposed the bail prayer of the petitioner with
submitting that the petitioner is a police officer who misused
his position and took bribe from the innocent informant, if this
court takes a lenient approach in respect of his prayer then he
should be released on bail after framing of charge.
5. Heard both the sides and perused the relevant
materials. Though against this petitioner there is serious
allegation of taking bribe however considering his present
custody period and the completion of investigation against him
the petitioner now deserves the relief of bail. Accordingly, let
the petitioner named-above be enlarged on bail in connection with
Patna High Court CR. MISC. No.86129 of 2025(2) dt.09-01-2026
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Vigilance P. S. Case No. 75 of 2025 on furnishing bail bond of
Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned.
6. The petitioner shall be released after framing of
charge and the trial court is directed to take steps for
framing of charges upon the petitioner as early as possible in
accordance with law.
(Shailendra Singh, J)
Rajiv/-
U T
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