Patna High Court
Mahesh MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The petition for bail is dismissed as no new ground exists to alter the earlier order.
Summary
The petitioner, Mahesh Mandal, was arrested in connection with a case involving offences under Sections 304B, 302 and 34 of the Indian Penal Code. He applied for regular bail, having been in judicial custody since 15 June 2024, and claimed that only five of seven witnesses had been examined. The High Court had previously rejected his bail application on merit, noting the stage of the trial. On this second application, the petitioner argued that his continued detention was without reason, while the State opposed bail, stating there were no new grounds. The Court found no fresh material to justify a change in its earlier order and therefore dismissed the bail petition, directing the lower court to expedite the trial within a month, after which the petitioner may reapply.
Issues considered
- Whether the petitioner is entitled to bail at the present stage of trial for offences under Sections 304B, 302 and 34 IPC
- Whether any new ground or material has arisen to warrant a fresh consideration of bail
Legislation cited
- Indian Penal Code — s. 302, 304B, 34
Subjects
- bail
- Indian Penal Code
- 304B
- 302
- 34
- judicial custody
- trial delay
- dowry death
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88504 of 2025
Arising Out of PS. Case No.-54 Year-2024 Thana- BAUNSI District- Araria
======================================================
Mahesh Mandal S/o Kailash Mandal R/o Kala Bandh, Ward No.01, Farkia,
P.S- Baunsi, Dist- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha, Advocate
For the Opposite Party/s : Mr.Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with S.T.
Case No. 61 of 2025, arising out of Baunsi P.S. Case No. 54 of
2024, instituted for the offences under Sections 304B, 302/34 of
the Indian Penal Code.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected on merit by this Court vide order
dated 08.08.2025 passed in Criminal Miscellaneous No. 54464
of 2025, taking into account the stage of the trial.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 15.06.2024
without any rhymes or reason. Learned counsel for the
Patna High Court CR. MISC. No.88504 of 2025(2) dt.09-01-2026
2/2
petitioner further submits that out of seven witnesses only five
witnesses have been examined.
5. Learned A.P.P. for the State opposes the prayer for
grant of bail.
6. There is no new ground to consider the bail petition
of the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of one month from today. If the trial
is not concluded within the period of one month, as stated
above, the petitioner will be at liberty to renew his prayer before
the learned Court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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