Nitish Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15830 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- KARJAIN District- Supaul ====================================================== 1.
Nitish Kumar Mandal S/o Budhan Mandal R/o vill- Ithari, ward no. 4, P.S.- Bhaptiyahi, Distt.- Supaul 2.
Kusheshwar Mandal S/o Surya Narayan Mandal R/o vill - Jhilladumari, ward no. 10, P.S.- Bhaptiyahi, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Karjain P.S. Case No. 131 of 2024 dated 02.09.2024 registered for the offences punishable under Sections 140(1), 140(2) read with Section 3(5) of the B.N.S.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have kidnapped the brother of the informant with the intention to kill him.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been
Patna High Court CR. MISC. No.15830 of 2025(4) dt.18-08-2025 2/3 implicated in this case. The name of the petitioners has sprung up in this case on mere suspicion. The charge-sheet has been submitted against the petitioners. There is no eye-witness to the alleged occurrence. It is further submitted that there is land dispute between both the parties. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged occurrence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 26.10.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners and submitted that due to previous land dispute, the petitioners and the co-accused persons have kidnapped the informant's brother. Learned counsel has further submitted that the brother of the informant is still traceless. It is further submitted that the restatement of the informant in para-3 of the case diary and also statements of the witnesses in para nos.-7, 10, 12 and 15 of the case diary, they have supported the prosecution case.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioners, this court is not inclined to grant bail to the petitioners and the same is rejected in connection with Karjain
Patna High Court CR. MISC. No.15830 of 2025(4) dt.18-08-2025 3/3 P.S. Case No. 131 of 2024, pending in the Court of learned J.M.- 1st, Birpur, Supaul.
7. The application stands rejected and the learned trial court is directed to expedite the trial of the petitioners and conclude the same at the earliest.
(Chandra Prakash Singh, J) shivam/- U T