Patna High Court

Budho Kumar Mandal @ Budho MandalversusThe State of Bihar

Decided: 7 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

Budho Kumar Mandal petitioned for regular bail in a case registered under sections 103(1) and 3(5) of the BNS, alleging that he was falsely implicated based solely on a confessional statement of co‑accused Abhishek Kumar. The prosecution alleged that unknown miscreants killed the informant's brother, but no material other than the co‑accused's confession linked the petitioner to the crime. The petitioner highlighted that another co‑accused, Mithun Kumar, had already been granted bail and that he had no prior criminal record, having been in custody since 02‑09‑2025. The State opposed the bail. Considering the lack of independent evidence and the petitioner’s clean record, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted when the only evidence against the accused is a co‑accused's confessional statement.
Whether the petitioner’s lack of prior criminal antecedents and the grant of bail to similarly situated co‑accused warrant bail.

Legislation cited

BNS — s. 103(1), 3(5)

Subjects

regular bail
confessional statement
co‑accused
no prior criminal record
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9632 of 2026
                      Arising Out of PS. Case No.-329 Year-2024 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Budho Kumar Mandal @ Budho Mandal Son of Late Janardhan Mandal R/o-
                 Shankarpur, P.S.- Sabour, Dist.- Bhagalpur.       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Rajive Ranjan Singh, Advocate
                                                  Mr. Sadaf Anas, Advocate
                                                  Mr. Shashi Shekher Sandilya, Advocate
                 For the Opposite Party/s :       Mr.Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   07-04-2026                        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 103 (1) 3

                   (5) of the BNS.

                                 3.      The case of the prosecution, in short, is that

                   unknown miscreants had killed the brother of the informant.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   during the course of investigation, co-accused, namely,

                   Abhishek Kumar @ Visheshwar made a confessional statement

                   before the police and name of the petitioner surfaced solely on

                   the basis of the said confessional statement of Abhishek Kumar

                   @ Visheshwar. It is further contended that save and except the

                   confessional statement of co-accused, there is no material on
            Patna High Court CR. MISC. No.9632 of 2026(3) dt.07-04-2026
                                                        2/2




                      record to implicate the petitioner in the alleged occurrence. The

                      weapon of assault has also been recovered on the disclosure of

                      the said co-accused Abhishek @ Visheshwar. It is further

                      submitted that similarly situated co-accused, namely, Mithun

                      Kumar, whose name                also surfaced on the basis of the

                      confessional statement of Abhishek Kumar @ Visheshwar, has

                      already been granted bail by a co-ordinate Bench of this Court

                      vide order dated 22.03.2025 passed in Cr. Misc. No. 88083 of

                      2024. Moreover, the petitioner is languishing in judicial custody

                      since 02.09.2025 having no criminal antecedent.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Sabour P.S. Case No. 329 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

                      Chief Judicial Magistrate, Bhagalpur.


                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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