Shivnandan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19183 of 2025 Arising Out of PS. Case No.-805 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Shivnandan Mandal Son of Late Jamun Mandal Resident Of Village - Hanumannagar, Chaura Ward No 15, Ps- Bharahi, Dist- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Madhepura P.S. Case No. 805 of 2024, instituted for the offences punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that son of the informant was killed by unknown persons on 14.07.2024 while going for a natural call. Two locals discovered the body and informed the deceased's mother. A mobile SIM was found at the scene, and the police were informed; the informant was in Punjab at that time.
Patna High Court CR. MISC. No.19183 of 2025(5) dt.31-07-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Irshad Alam and the same has got no evidentiary value. It is next submitted that the deceased had relation with several girls and someone might have killed him. The petitioner is in custody since 20.11.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 08.07.2025 passed in Cr. Misc. No. 19671 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to expedite the Trial. However, if the trial is not concluded within a
Patna High Court CR. MISC. No.19183 of 2025(5) dt.31-07-2025 3/3 period of five months from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.
(Rudra Prakash Mishra, J) Rajorshi/- U T