Bangtu Mandal @ Bateshwar Mandal @ Banktu Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16097 of 2025 Arising Out of PS. Case No.-328 Year-2024 Thana- NATHNAGAR District- Bhagalpur ====================================================== Bangtu Mandal @ Bateshwar Mandal @ Banktu Mandal Son of Lakshman Mandal Resident of Madhopur, P.S.- Nathnagar, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Mr.Kumar Rajdeep, Adv.
For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-02-2026 Heard Mr. N.K. Agrawal, learned Senior counsel for the petitioner and learned APP for the State.
2. A prayer for bail has been made on behalf of the petitioner in connection with Nathnagar P.S. Case no.328 of 2024 registered under sections 103(1), 351(2) (3) and 3(5) of BNS, 2023.
3. Allegation in the F.I.R is that petitioner and another caught hold the informant's husband and accused Mithun Mandal fired upon him due to which he succumbed to his injuries.
4. Mr. N.K. Agarwal, learned Senior counsel appearing on behalf of petitioner submits that the allegations do not seem to be correct as disclosed and also seems to be
Patna High Court CR. MISC. No.16097 of 2025(3) dt.24-02-2026 2/3 improbable that all the accused persons had entered the house of the informant in the night and before her eyes, had shot at the deceased. The petitioner has been implicated in the case only on account of land dispute between the parties. It has further been pointed out that specific allegation of opening fire is on coaccused Mithun Mandal on account of which the deceased accidentally died and so far as present petitioner is concerned, allegation upon him is that he along with another accused had held the hands and legs of the deceased. The petitioner is in custody since 24.08.2024 and till date charges have not been framed, as such, there is no likelihood of trial being concluded in the near future.
5. The application for bail is opposed by learned A.P.P. for the State on the ground that petitioner had also facilitated in the occurrence leading to death of the deceased.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the period of custody, coupled with the stage of the case and also considering the fact that main allegation of opening fire is upon Mithun Mandal, the petitioner is directed to be enlarged on bail in connection with Nathnagar P.S. Case no.328 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.16097 of 2025(3) dt.24-02-2026 3/3 with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, subject to the following conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) The petitioner shall appear on each and every date fixed for trial and cooperate in getting charges framed and in case the petitioner is absent on the two consecutive dates without sufficient reasons, the learned trial Court would be at liberty to cancel the bail bonds of the petitioner. (Soni Shrivastava, J) Harsh/- U T