Patna High Court
GOVIND MANDALversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted regular bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Govind Mandal, was arrested in connection with a case involving a black flag and related materials seized from a public field, and was charged under Sections 308(3), 308(4), 308(5), 61(2) of the Bihar Narcotic Substances Act and Sections 16, 17, 18, 20 and 21 of the Unlawful Activities (Prevention) Act. The prosecution’s case relied mainly on a confessional statement of a co‑villager, with no incriminating material found in the petitioner’s possession and no evidence of his membership in a terrorist organization. The petitioner’s counsel argued that the allegations were based solely on suspicion and that he had been in judicial custody since 20‑09‑2025 without any substantive proof. The State opposed bail, citing the seriousness of the offences under the UAPA. The court, after considering the lack of concrete evidence and the duration of custody, granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of physical presence at trial and a family member as one bailor.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the UAPA and Bihar Narcotic Substances Act.
- Whether the material on record, primarily a co‑villager’s confession, is sufficient to justify continued detention.
- Whether the petitioner’s alleged involvement in terrorist activities can be established for the purpose of denying bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 308(3), 308(4), 308(5), 61(2)
- Unlawful Activities (Prevention) Act — s. 16, 17, 18, 20, 21
Subjects
- bail
- UAPA
- Bihar Narcotic Substances Act
- criminal procedure
- confessional statement
- terrorism
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90602 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- CHIHARA District- Jamui
======================================================
GOVIND MANDAL S/o LATE KAILA MANDAL R/o Vill - Gadi Tola,
Purnadih, P.S.- Chihra, Distt.- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar
For the Opposite Party/s : Mr.Upendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chihra P.S. Case No. 78
of 2025 registered for the offences punishable under Sections
308(3), 308(4), 308(5), 61(2) of the BNS and Sections 16, 17,
18, 20 and 21 of the Unlawful Activities (prevention) Act.
3. As per the prosecution story, the informant has
alleged that on 16-09-2025 at around 07:10 hrs, he received a
secret information that a black flag had been hoisted in a field
located in village Rakhatola, and some papers, slips, and lime
had been used to write messages on it. On inspection, it was
observed that a round circle of lime had been drawn on a flat
ground with symbolic writing inside it, a black cloth flag
Patna High Court CR. MISC. No.90602 of 2025(2) dt.15-01-2026
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fluttering on a bamboo stick was placed in the middle, and
several foam plates were scattered around. Questioning the
villagers revealed that they had no information regarding this
activity. Subsequently, the aforesaid items were seized and
seizure list was prepared.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case by the police merely on suspicion and without any cogent
material on record. Admittedly, as per the F.I.R. the alleged
recovery of the black fag, pamphlets, and foam plates were
made from an open field which is easily accessible to the
general public. Learned counsel further submits that nothing
incriminating has been recovered from the conscious possession
of the petitioner. Petitioner in not named in F.I.R., rather his
name has been surfaced in this case only on the basis of
confessional statement of co-villager made before the police. It
is also submitted that the ingredients of UAP Act are not
attracted against this petitioner as there is no evidence to show
that he is member of a terrorist organisation or involved in
funding/conspiracy. Petitioner is languishing in judicial custody
since 20.09.2025 without any fault on his part.
5. Learned A.P.P. appearing on behalf of the State has
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vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate, 2 nd
Jamui in connection with Chihra P.S. Case No. 78 of 2025
subject to the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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