Pinka Mandal @ Praveen Mandal @ Pravin Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11386 of 2026 Arising Out of PS. Case No.-454 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Pinka Mandal @ Praveen Mandal @ Pravin Kumar Mandal, Son of Sushil Mandal @ Ramgopal Mandal, R/o Belori, Abdullanagar, P.S. -Sadar, DistrictPurnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Mandal, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Katihar Nagar Sahayak P.S. Case No. 454 of 2024 dated 29.06.2024 registered for the offence punishable under Sections 414, 399, 402, 323, 307, 353 and 332 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act and Section 8(c) and 21(a) of the N.D.P.S. Act.

3. The prosecution case, in short, is that on 29.06.2024 at about 02:05 hours, the informant received a secret information that the members of Simiya Khatoon Gang are planning a loot near Budhuchak, upon which the informant along with police personnel reached Budhuchak and then one accused fired on the police, however, the police apprehended four miscreants, who disclosed their

2/4 names as Kalua @Gurudev Sah, Raju Mukhiya, Rahul Kumar and Md. Afroz. During search, one country-made pistol, three live cartridges, one cell phone and 20 small packets of smack were recovered from the possession of Kalua @ Gurudev Sah. One motorcycle and two cell phones were recovered from the possession of Raju Mukhiya and one cell phone and one motorcycle were recovered from the possession of Md. Afroz. On search, a total of 1.36 gm of smack was recovered from the possession of the accused persons, and thereafter, a seizure list was prepared to this effect.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is no specific allegation against the petitioner in the written complaint. As per the written complaint, it appears that merely on the basis of secret information, the police apprehended four accused persons at the spot, who disclosed the name of the petitioner and co-accused, namely, Simiya Khatoon had claimed that they are members of the gang of Simiya Khatoon and were waiting for them and other accused persons to arrive for

3/4 committing some offence. It is also submitted that 1.36 gm of smack like substance was recovered from possession of Kalua @ Gurudev Sah. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. The said Seema @ Simiya Khatoon @ Sima Sah has been granted bail by this Court vide order dated 19.11.2025 passed in Criminal Miscellaneous No. 79180 of 2025. The petitioner is in custody since 11.07.2025, having 14 criminal cases against him and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Katihar in connection with Katihar Nagar Sahayak P.S. Case No. 454 of 2024, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

4/4 shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till conclusion of the trial court. (Khatim Reza, J) prabhat/- U T