Patna High Court
Rahul MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Rahul Mandar was arrested in connection with a murder (IPC s.302) and robbery (IPC s.392) after his name appeared in a spy's diary linking him with two co‑accused. The petitioner claimed innocence, stating the FIR was lodged against unknown miscreants and that only suspicion linked him to the crime. He had no prior criminal record and had been in judicial custody since 5 June 2025, while a co‑accused had already been granted bail. The State opposed the bail application. After hearing both sides, the Patna High Court granted regular bail on a bond of Rs.10,000 with two sureties, directing his release.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under IPC sections 302 and 392.
- Whether the material evidence linking the petitioner to the offence is sufficient to justify continued detention.
Legislation cited
- Indian Penal Code — s. 302, 392
Subjects
- bail
- murder
- robbery
- IPC
- presumption of innocence
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86255 of 2025
Arising Out of PS. Case No.-73 Year-2024 Thana- ASARGANJ District- Munger
======================================================
Rahul Mandal S/O Babu Lal Mandal R/O Vill.- Shyampur Daka, Mirzapur,
P.S.- Shambhuganj, Dist.- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 302 and 392
of the Indian Penal Code.
3. The case of the prosecution is that some unknown
miscreants have killed the mother of the informant. As the
mother of the informant was not picking up the phone call of the
informant, the neighbour was requested and they informed that
lady has been murdered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the FIR was lodged
against unknown miscreants. During course of investigation, the
Patna High Court CR. MISC. No.86255 of 2025(3) dt.03-02-2026
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name of this petitioner has surfaced on the basis of statement of
spy. The spy has stated that in paras- 57 and 58 of the diary that
Mochhu Mandal, Dilip Mandal and this petitioner (Rahul
Mandal) were involved in the occurrence. In paras- 78 and 79,
there is restatement of the informant and statement of the
brother of the informant and both have stated that the petitioner
might have killed their mother with other accused persons,
namely, Mochhu Mandal and Dilip Mandal. Learned counsel
has further submitted that save and except suspicion, there is
nothing against this petitioner. It has also been submitted that
co-accused, namely, Mochhu Mandal having similar nature of
allegation has been granted bail by learned co-ordinate Bench of
this Court vide order dated 25.09.2024 passed in Cr. Misc. No.
59843 of 2024. A statement has been made in para-3 of this
petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
05.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. 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. The above named
Patna High Court CR. MISC. No.86255 of 2025(3) dt.03-02-2026
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petitioner is directed to be released on bail in connection with
Asarganj P.S. Case No. 73A of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Begusarai.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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