Devan Mandal @ Devendra Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48260 of 2025 Arising Out of PS. Case No.-216 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== 1.
Devan Mandal @ Devendra Kumar Mandal S/O Late Kanak Lal Mandal R/O Village- Pipra, P.S- Banmankhi, District- Purnea. 2.
Satendra Mandal @ Satyendra Mandal S/O Late Kanak Lal Mandal R/O Village- Pipra, P.S- Banmankhi, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-02-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. This is the second attempt of the petitioners to obtain regular bail in connection with Banmankhi P.S. Case No. 216 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 379, 302, 506 and 120B of the Indian Penal Code. As per disclosure in paragraph '3' of the application, the petitioner no. 1 has been made accused in five cases out of which he has been acquitted in four cases and in one case he is facing trial, petitioner no.2 has been made accused in three cases, out of which in one case he has been acquitted and is facing trial in two cases. They are in custody
2/4 since 23.08.2024.
3. As per the prosecution story, on 23.08.2020 at around 08:30 pm, the accused persons (1) Girendra Mandal, (2) Jai Kumar Mandal, (3) Rinku Mandal, (4) Devan Mandal (petitioner no. 1), (5) Rakesh Mandal, (6) Raushan Mandal, (7) Satendra Mandal (petitioner no. 2), (8) Ranjan Mandal, (9) Raja Mandal, (10) Subhash Mandal, (11) Chandan Mandal, (12) Santosh Mandal, (13) Chandan Mandal, (14) Anjan Sinha, (15) Mithu Sinha and (16) Gitesh Mandal, all variously armed were sitting in the house of co-accused Girendra Mandal. When the father of the informant Sushil Kumar Sinha (since deceased) came in front of the house of Girendra Mandal, then Girendra Mandal on the point of pistol stopped the father of the informant and forcibly dragged him in the campus.
It is alleged that Girendra Mandal had put country-made katta in the mouth of informant's father and his sons Jai Kumar Mandal and Rinku were pressing informant's father's left hand and co-accused Rakesh Mandal and Raushan Mandal were pressing right hand of Sushil Kumar Sinha. It is further alleged that Devan Mandal (petitioner no. 1), Satendra Mandal (petitioner no. 2), Subhash Mandal and Chandan Mandal were pressing both the legs of the father of the informant.
3/4 brought iron rod from his house and assaulted on the right hand of the father of the informant as a result of which his right hand was broken. Thereafter, on the order of Girendra Mandal, all other co-accused persons assaulted the father of the informant. The father of the informant was brought to Banmakhi Hospital for treatment thereafter doctors referred him to Sadar Hospital, Purnea and Bhagalpur Medical College and on 24.08.2020, the father of the informant died.
4. Earlier, the prayer for regular bail of the petitioners was rejected by this Court after noticing the active participation of petitioners in commission of murder of the father of the informant and their huge criminal antecedents as also that in the case of the year 2020, they had surrendered only on 23.08.2024 even as the anticipatory bail application of the petitioner was rejected twice by this Court on earlier occasions.
5. Learned counsel for the petitioners has informed that out of seven chargesheet witnesses, to his knowledge, four witnesses have already been examined.
6. Having regard to the specific allegations against the petitioners, the gravity of the offences, criminal antecedents and the fact that now the trial is likely to be concluded in near future, I am not inclined to grant privilege of regular bail to the
4/4 petitioners.
7. The prayer for regular bail to the petitioners is refused.
8. Let the trial be expedited.
9. This application is dismissed.
(Rajeev Ranjan Prasad, J) rishik/- U T