Budhan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15806 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- KARJAIN District- Supaul ====================================================== 1.

Budhan Mandal S/o Late Shatrughan Mandal R/o vill - Ithari, ward no. 4, P.s.- Bhaptiyahi, Distt.- Supaul 2.

Shankar Mandal S/o Late Shatrughan Mandal R/o vill - Ithari, ward no. 4, P.s.- Bhaptiyahi, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Karjain P.S. Case No. 131 of 2024 registered for the offence(s) punishable under Sections 140(1)/140(2)/3(5) of the BNS.

After some argument, learned counsel appearing on behalf of the petitioners seeks to withdraw the present bail application, considering the nature of crime and the victim still having not been recovered, with a liberty to surrender and seek regular bail before the learned District court. However, he informs that in course of investigation, no evidence has been

Patna High Court CR. MISC. No.15806 of 2025(3) dt.04-09-2025 2/2 collected against the petitioners that they have committed this crime and only on suspicion, the petitioners have been made accused in the present case.

3. Considering the aforesaid submission made on behalf of the petitioners, the petitioners, if so advised, may surrender before the learned District Court and seek regular bail. In that case, the learned District Court is directed to consider the bail application of the petitioners on the same day and pass necessary order on the basis of material which has come in course of investigation without delay.

4. The Superintendent of Police concerned is directed to submit a report in respect of the whereabouts of the brother of the informant, who is missing since 29.08.2024 before the learned District Court. The learned District Court must ensure that the Superintendent of Police don't make any further excuse in filing the said report.

5. The present petition stands disposed of.

(Purnendu Singh, J) Sanjay/- U T