Sapan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7376 of 2026 Arising Out of PS. Case No.-51 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Sapan Mandal Son of Bhusai Mandal Resident of Village - Kandaul, P.S.- Azamnagar, Dist. - Katihar.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Balkrishna Mishra, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-04-2026 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No. 274/2024, arising out of Azamnagar P.S. Case No. 51 of 2024 registered for the offence under Sections 376/506 of the Indian Penal Code.

3. The petitioner is accused of committing rape with the victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Petitioner is in custody since 11.02.2024 and has clean antecedent. He further submits that PW 1 has initially said that attempt of rape was made with the victim and subsequently he said that the victim was raped but PW 1 is hearsay witness.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.7376 of 2026(4) dt.09-04-2026 2/2

6. Considering the nature of allegation as alleged against the petitioner, this application for regular bail is dismissed.

7. Learned counsel for the petitioner submits that the petitioner is in jail since for two years but the I.O. and the doctor has not been examined by the prosecution as yet.

8. The Superintendent of Police, Katihar is directed to ensure the appearance of the I.O. and the doctor within one month from the date of communication of this order.

9. Let a copy of this order be sent to the Superintendent of Police, Katihar through FAX for its forthwith compliance.

10. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Ranjeet/- U T