Patna High Court
Birendra MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Regular bail was denied because the petitioners had repeatedly failed to surrender after withdrawal of anticipatory bail, indicating a high risk of absconding.
Summary
The petitioners, Birendra and Vijay Mandal, were charged in a 2014 case for offences including murder, robbery, and illegal possession of arms. They had previously obtained anticipatory bail, which was later withdrawn on the condition that they surrender and apply for regular bail. Instead of surrendering, they absconded for ten years and later filed another anticipatory bail, which was also withdrawn. The court noted their repeated failure to surrender and the serious nature of the charges, concluding that granting regular bail would pose a risk of further absconding. Consequently, the court rejected the petitioners' regular bail application.
Issues considered
- Whether regular bail can be granted to accused who have previously withdrawn anticipatory bail and failed to surrender for an extended period
- Whether the risk of absconding justifies denial of bail in a murder case
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 34
Subjects
- bail
- anticipatory bail
- regular bail
- absconding
- murder
- IPC
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9364 of 2026
Arising Out of PS. Case No.-49 Year-2014 Thana- KAUWAKOL District- Nawada
======================================================
1. Birendra Mandal S/O Bishundeo Mandal R/O Village- Rustampur- Kauakol,
P.S- Kauwakol, Distt.- Nawada.
2. Vijay Mandal S/O Bishundeo Mandal R/O Village- Rustampur- Kauakol,
P.S- Kauwakol, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-02-2026 1. Heard learned counsel for the petitioners and the
learned APP for the State.
2. The petitioners seek bail in connection with
Kauwakol (Kawakole) P.S. Case No. 49 of 2014 registered for
the offences punishable under Sections 147, 148, 149, 379,
302 and 34 of the Indian Penal Code read with Section 27 of
the Arms Act.
3. The Court is not inclined to release the petitioners
Patna High Court CR. MISC. No.9364 of 2026(2) dt.06-02-2026
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on bail for the reason that petitioners had earlier moved before
this Court seeking anticipatory bail by filing Criminal
Miscellaneous No. 44103 of 2015 and the same was permitted
to be withdrawn with liberty to the petitioners to surrender
and seek regular bail. It appears that after the order dated
15.10.2015 was passed in Criminal Miscellaneous No. 44103
of 2015, the petitioners instead of surrendering and seeking
regular bail kept absconding despite the fact that they were
aware that their anticipatory bail application was withdrawn
with liberty to surrender and seek regular bail.
4. From perusal of Annexure-2 to the instant regular
bail application, it would manifest that petitioners had again
filed an anticipatory bail application being Criminal
Miscellaneous No. 58199 of 2025 and the same again was
permitted to be withdrawn by an order dated 08.09.2025, as
such, the petitioners instead of surrendering earlier, in terms
of the order passed in the year 2015 at their leisure, again
moved for second anticipatory bail before this Court in the
year 2025, which again was permitted to be withdrawn.
5. Present is a case of murder and if petitioners are
enlarged on regular bail, they may abscond, as despite being
aware of the order dated 15.10.2015 in Criminal
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Miscellaneous No. 44103 of 2015, the petitioners did not
surrender for 10 years that shows their conduct.
6. Accordingly, the instant regular bail
application is rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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