Mandulwa Mandal @ Sanjay Kumar Mandal @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72803 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- Pothia District- Katihar ====================================================== 1.

Mandulwa Mandal @ Sanjay Kumar Mandal @ Sanjay Kumar, S/o- Late Karmu Mandal R/o Khaira(Sameli), P.S. - Pothia, Dist. - Katihar. 2.

Pairu Mandal @ Rupesh Kumar Son of Late Karmu Mandal R/o Khaira(Sameli), P.S. - Pothia, Dist. - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 137(2), 140(1), 3(5) of the Bhartiya Nyay Sanhita and later on, charge sheet has been submitted under Sections 140(1), 103(1) and 3(5) of B.N.S.

3. The case of the prosecution is that the petitioners along with others have taken away the daughter of the informant and she is missing. The informant suspects that one Neeraj Kumar Mandal along with others has kidnapped her daughter and has disposed her body. In this case during course of

Patna High Court CR. MISC. No.72803 of 2025(2) dt.09-12-2025 2/3 investigation, Neeraj Kumar Mandal has given his confessional statement and in his confessional statement, he has confessed his guilt.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Learned counsel for the petitioners has submitted that Neeraj Kumar Mandal was having affair with one Malti Devi and from perusal of the FIR, it is clear and the main thrust of allegation is against Malti Devi and Neeraj Kumar Mandal. It has further been submitted that the said Malti Devi has already been granted bail by learned coordinate Bench of this Court vide order dated 18.11.2025 passed in Cr. Misc. No. 62116 of 2025. It has also been submitted that save and except the suspicion of the informant who is not an eye witness of this case, nothing is there against the petitioners. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 07.08.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is

Patna High Court CR. MISC. No.72803 of 2025(2) dt.09-12-2025 3/3 inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Pothia P.S. Case No. 15 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Katihar. (Ashok Kumar Pandey, J) Shubham/- U T