Budho Kumar Mandal @ Budho Mandal v. The State Of Bihar

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/oShankarpur, 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 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