Mithilesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73550 of 2025 Arising Out of PS. Case No.-29 Year-2025 Thana- RATWARA District- Madhepura ====================================================== Mithilesh Kumar Mandal Son of Rajendra Mandal @ Rajo Mandal R/o Village - Gangapur Kachari tola, P.S. - Ratwara, Dist. - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103 (1), 238 and 61 (2) of B.N.S.

3. Allegation in the F.I.R is that informant's brother was murdered by some unknown persons.

4. Learned counsel for the petitioner submits that the First Information Report was lodged on 24.06.2025 for an incident which took place on 22.06.2025 and no plausible explanation has been tendered in delayed lodging of the First Information Report. It is further submitted that the dead body of the deceased, as per the F.I.R, was recovered from the bushes near the house of one Ramchandra Thakur and during the course

Patna High Court CR. MISC. No.73550 of 2025(4) dt.18-02-2026 2/3 of investigation upon spy information that this petitioner and coaccused Dablu Kumar were seen near the place of occurrence, they were taken into custody and the said Dablu Kumar in his confessional statement has only mentioned the presence of the petitioner without attributing any role to him. It is further submitted that there is no eye witness to the incident nor any weapon of offence has been recovered. So far as the petitioner is concerned, the only material transpiring against him is the vague disclosure of the spy and the confessional statement of the coaccused which has no evidentiary values in the eyes of law. The petitioner has no criminal antecedent and he is custody since 25.06.2025 and undertakes to co-operate in case/trial.

5. Learned APP for the State opposed the bail petition.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that no substantial evidence has been collected against the petitioner during the course of the investigation, there are no eye witnesses in the case, coupled with the fact that petitioner is in custody since 25.06.2025 and charge sheet has already been submitted, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.73550 of 2025(4) dt.18-02-2026 3/3 learned Court below where the case is pending/successor Court in connection with Ratwara P.S. Case No. 29 of 2025, subject to the conditions that :

(i) One of the bailors will be his close relative/family members.

(ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J) Harsh/- U T