Patna High Court
Kanti MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the material on record does not justify continued detention.
Summary
Petitioner Kanti Mandal was arrested in connection with a murder case (Kharik P.S. Case No. 281 of 2025) alleged under Sections 103(1), 61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution’s case is based solely on the informant’s suspicion that the petitioner, who had allegedly threatened the deceased, was involved in the killing. The petitioner contended that he is innocent, has no prior criminal record, and that no formal complaint of threatening had been filed against him. The State opposed bail, while the petitioner’s counsel argued that the evidence is merely circumstantial and insufficient for continued detention. After considering the lack of substantive evidence and the petitioner’s clean record, the Court ordered his release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether bail should be granted in a murder and arms‑related case when the prosecution’s case rests only on suspicion and there is no substantive evidence against the accused.
Legislation cited
Subjects
- bail
- murder
- arms act
- suspicion
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88819 of 2025
Arising Out of PS. Case No.-281 Year-2025 Thana- KHARIK District- Bhagalpur
======================================================
Kanti Mandal, S/o Late Arjun Mandal, R/o Village - Bahatra, P.S - Parbatta,
District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Kharik P.S. Case No. 281 of 2025 registered for the offence
punishable under Sections 103(1), 61(2) and 3(5) of B.N.S. and
Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that some
unknown persons have killed the father of the informant. The
informant suspects that the petitioner along with others has killed
his father as they have threatened his father of dire consequences.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. During course
of investigation in para ‘24’ of the case diary, there is restatement
of the informant and in para ‘25’ of the case diary, there is
Patna High Court CR. MISC. No.88819 of 2025(3) dt.11-02-2026
2/2
statement of the wife of the deceased, both have stated that as the
petitioner has threatened the deceased of dire consequences, they
believe that the deceased has been killed by him. It has further
been submitted that save and except the suspicion, there is nothing
against the petitioner. It has also been submitted that no any case
was filed against the petitioner for alleged threatening. Petitioner
is having no criminal antecedent and he is languishing in judicial
custody since 16.09.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for 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
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-I,
Naugachia, Bhagalpur in connection with Kharik P.S. Case No.
281 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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