Gangaram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31702 of 2026 Arising Out of PS. Case No.-809 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== Gangaram Mandal S/o Subhash Mandal @ Subash Mandal @ Suresh Mandal R/o Village - Amapur, Trimuhan, P.S. - Kahalgaon (Now Rasalpur), District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-07-2026 Heard Mr. Rakesh Kumar Sinha, learned counsel for the petitioner and Mr. Ramchandra Sahni, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 29.01.2026, in connection with Kahalgaon (Ghogha) P.S. Case No. 809 of 2022, F.I.R. dated 13.08.2022 registered for the offences punishable under Sections 363, 365/34 of the Indian Penal Code and later on Sections 302, 201 of the Indian Penal Code were added.

3. As per the prosecution case, allegation against the petitioner is that he along with co-accused persons named in the F.I.R., kidnapped the son of the informant and subsequently, dead body of son of the informant was recovered from bank of Ganga river after 6 to 7 days.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. Initially, the petitioner was not named in the F.I.R. and the name of the petitioner has been transpired on the basis of confessional statement of co-accused persons, namely, Ashok Mandal, Lalit Mandal and others and except the aforesaid, nothing cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that co-accused person, namely, Boski Mandal @ Ravi Mandal @ Basuki has been granted regular bail by a Coordinate Bench of this Court vide order dated 26.03.2025 passed in Cr. Misc. No.

52023 of 2024, another co-accused person, namely, Kajal Kumari @ Kajal Devi has been granted regular bail by a Coordinate Bench of this Court vide order dated 19.12.2023 passed in Cr. Appeal (SJ) No. 5348 of 2023, another co-accused person, namely, Kishor Mandal @ Kishori Kumar @ Kishor Kumar has been granted regular bail by this Court vide order dated 01.09.2023 passed in Cr. Misc. No. 24920 of 2023, another co-accused persons, namely, Tara Devi and others have been granted regular bail by this Court vide order dated 10.05.2023 passed in Cr. Misc. No. 73015 of 2022 and its analogous cases.

3/4 the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 29.01.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matters.

6. Considering the facts and circumstances of the case and co-accused persons have been granted bail by a Coordinate Benchs of this Court as well as by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-I, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 809 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T