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Patna High Court

Mitendra Prasad Mandal @ Mitendra Prasad @ Jitendra MandalversusThe State of Bihar thorugh Vigilance, Patna

Decided
Disposal
DISPOSED

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

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
                                                          3/3




                        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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