Mithilesh Mandal @ Jaylal Mandal @ Jayala Mandal @ Jaylal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38789 of 2025 Arising Out of PS. Case No.-143 Year-2022 Thana- KANHAULI District- Sitamarhi ====================================================== Mithilesh Mandal @ Jaylal Mandal @ Jayala Mandal @ Jaylal S/o Late Dukha Mandal Resident of Village - Majhaura, P.S.- Bela, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mrs.Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Kanhauli P.S. Case No. 143 of 2022, registered for the offences under Sections 395, 397 of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act.
3. As per the prosecution case, a number of dacoits entered into the house of the informant and threatening the inmates took away a large number gold ornaments, cash of Rs.2,17,000/-, mobile phone, DVR of CCTV and other articles. While leaving the house the miscreants exploded bombs. The name of the petitioner came up in this case during investigation for being involved in the said dacoity.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.38789 of 2025(2) dt.25-06-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from person or possession of this petitioner and he had not been put to any Test Identification Parade to establish his identity. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused Mukesh Kumar who had been granted bail vide order dated 14.12.2023 passed in Cr. Misc. No. 80585 of 2023 by a learned Single Judge of this Court. Petitioner is having antecedent of six cases and he is on bail in all these cases. The petitioner is in custody since 23.01.2023 and charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that the petitioner carries a number of antecedents of similar nature and appears to be a habitual offender.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Sitamarhi/concerned
Patna High Court CR. MISC. No.38789 of 2025(2) dt.25-06-2025 3/3 court, in connection with Kanhauli P.S. Case No. 143 of 2022, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T