Mahesh Mandal @ Mahesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14002 of 2025 Arising Out of PS. Case No.-246 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.
Mahesh Mandal @ Mahesh Kumar Son of Ramdeo Mandal Resident of Village- Harihar Basa, Ward No. 21, P.S.- Alamnagar, Distt.- Madhepura 2.
Bittu Sah @ Vibhash Sah @ Bibhash Kumar Son of Prakash Sah Resident of Village- Baisa Tola, P.S.- Alamnagar, Distt.- Madhepura (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Anand, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners seek regular bail in connection with Alamnagar P.S. Case No.246 of 2023 registered under Sections 364, 302 and 201/34 of the I.P.C.
3. As per prosecution case, four named accused persons forcibly took the son of the informant with them from his house and they brutally assaulted him and demanded ransom. When the informant along with her family members went to the Basa of co-accused Santosh Patel, it was found that the accused persons were assaulting the victim by tying him in a tree and at that place petitioners, co-accused Suraj Patel and 10-
Patna High Court CR. MISC. No.14002 of 2025(2) dt.19-03-2025 2/3 15 other persons were also present. Later on, beheaded body of the son of the informant was found lying in a drainage situated near Harihar Tola.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is no specific allegation of any overt act against the petitioners, except that petitioners were members of the mob. There is a delay of two days in lodging the F.I.R. and except suspicion, there is no material against the petitioners. Petitioner no.1 has one criminal antecedent in which he is on bail and petitioner no.2 has clean antecedent. Petitioners are in jail custody since 13.08.2024. Charge sheet has already been submitted in this case and there is no chance of tampering with the evidence. Petitioners undertake to cooperate in the trial of the case. He further submits that similarly situated co-accused person, namely, Rajaram Mandal @ Rajaram has been granted regular bail by this Court vide order dated 17.01.2025 in Cr.Misc.No.214 of 2025.
5. Learned A.P.P. opposes the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of the parties, let the above named
Patna High Court CR. MISC. No.14002 of 2025(2) dt.19-03-2025 3/3 petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Uda-Kishunganj (Madhepura) in connection with Alamnagar P.S. Case No.246 of 2023.
(Sunil Dutta Mishra, J) Harish/- U T