Mithilesh Mandal @ Mithilesh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82417 of 2025 Arising Out of PS. Case No.-507 Year-2022 Thana- RAJAON District- Banka ====================================================== Mithilesh Mandal @ Mithilesh Kumar Mandal S/o- Kailash Mandal VillageChaksafiya PS-Rajoun District- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X D/o- Y R/v- Z Ps- Rajoun Dist- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-01-2026 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner. The petitioner seeks bail in connection with Rajoun P.S. Case No. 507 of 2022 registered for the offence punishable under Sections 376(D-A) of the Indian Penal Code and Section 4(6) of POCSO Act.

3. Earlier the bail application of the petitioner was rejected on 22.05.2023 in Cr. Misc. No. 21802 of 2023, which reads as follows:- Heard learned counsel for the petitioner and learned APP for the State.

Patna High Court CR. MISC. No.82417 of 2025(2) dt.16-01-2026 2/3 This application for grant of regular bail arise out of Rajoun P.S. Case No. 507 of 2022 registered for the offence punishable under Sections 376(D-A) of the Indian Penal Code and Section 4(6) of POCSO Act.

The prosecution case in brief is that while victim girl had gone to attend nature's call, the accused Vibhuti Kumar and present petitioner forcibly took her on a motorcycle and gagged her mouth. Thereafter, they committed rape on her.

In view of the aforesaid fact, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer of bail of the petitioner is rejected herewith.

The Trial Court is directed to expedite the trial.

4. Learned counsel for the petitioner submits that though the charges have been framed, but no witness has been examined and therefore, the petitioner may be granted bail.

5. Considering the fact that trial has started, no ground for review is made out. Accordingly, this application for regular bail stands rejected.

6. The Superintendent of Police, Banka is directed to ensure the attendance of the witnesses in the concerned court below.

7. Let a copy of this order be communicate through

Patna High Court CR. MISC. No.82417 of 2025(2) dt.16-01-2026 3/3 FAX/ e-mail to the Superintendent of Police, Banka for its compliance.

(Sandeep Kumar, J) tusharika/- U T