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Patna High Court

Rahul MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                        3/3




                      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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