Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79317 of 2025 Arising Out of PS. Case No.-86 Year-2016 Thana- CHAUSA District- Madhepura ====================================================== Raj Kumar Mandal Son of Late Mahadeo Mandal R/O Vill.- Barikhal (Fulaut) P.S- Chausa, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 183 of 2019 arising out of Chausa (Fulout) P.S. Case No. 86 of 2016 registered for the alleged offences under Sections 341, 323, 307, 506/34 of the Indian Penal Code.

03. It is a case of misuse of privilege of bail granted to the petitioner. From perusal of record, it transpires that petitioner misused this privilege earlier on two occasions when his bail bonds were cancelled, i.e., on 14.11.2019 and 07.06.2022. This time bail bond of the petitioner has been cancelled on 19.12.2024.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.79317 of 2025(2) dt.28-11-2025 2/3 petitioner undertakes not to misuse the privilege of bail if he is enlarged on bail by this Court. The petitioner is 64 years old person and the informant is his own brother. Charges have been framed only on 23.03.2023 and the petitioner has been facing the rigors of trial since 2016. The petitioner is a poor person and he went to Haryana where he had been working as a labourer and he entrusted pairvi to his counsel but his counsel defaulted and the bail bond of the petitioner was cancelled. The petitioner is in custody since 19.09.2025.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that if any leniency is shown to the petitioner, he would again flee away and delay the trial.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the age of the petitioner and further considering the period of custody of the petitioner, by way of last opportunity, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Madhepura/court concerned in connection with Sessions Trial No. 183 of 2019 arising out of

Patna High Court CR. MISC. No.79317 of 2025(2) dt.28-11-2025 3/3 Chausa (Fulout) P.S. Case No. 86 of 2016, subject to the conditions mentioned in Section 480(3) of BNSS and the 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.

(iii) In case of absence on a single date 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) Ashish/- U T