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Patna High CourtCR. MISC./83541/2025allowed

Mitan Mandal v. The State Of Bihar

2026-01-30Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83541 of 2025 Arising Out of PS. Case No.-344 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Mitan Mandal Son of Bhushan Mandal R/o Village - Parihari ward no. 7, P.S. - Raniganj, Dist. - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2026 Heard Mr. Gopal Kumar Jha, learned counsel for the petitioner and Mr. Satyendra Prasad, learned APP for the State.

2. The petitioner has prayed for bail in connection with Raniganj P.S. Case No. 344 of 2024 corresponding to S.T. No. 783 of 2024 registered for the offence punishable under Sections 80/61(2) of the B.N.S., 2023.

3. Learned counsel for the petitioner submits that earlier the bail petition of the petitioner was rejected vide order dated 03.04.2025 by this court with a liberty that the petitioner is at liberty to renew his prayer for bail after six months if the trial is not concluded. A report has been called from the learned trial court, and from perusal of which it transpires that till today, only charges has been framed, no witness has been examined.

4. The case of the prosecution in short is that the

Patna High Court CR. MISC. No.83541 of 2025(3) dt.30-01-2026 2/3 daughter of the informant was married to the petitioner one and a half year ago. She was subjected to cruelty on account of nonfulfillment of dowry demand. A bike was being demanded. It is alleged that she was killed by her in-laws.

5. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that from perusal of the FIR, it is clear that the nature of allegation is general and omnibus. From perusal of the postmortem report, following injuries were found on the person of the deceased:- I. Bleeding from nostrils;

ii. Abrasion approx 1x1cm over eyelid;

iii. No any other external injury seen over any part of the body.

6. Learned counsel for the petitioner also submits that from perusal of the FSL report, it transpires that the death was not natural. He also submits that the trial has still not started. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 02.08.2024.

7. The application for bail is opposed by learned APP

Patna High Court CR. MISC. No.83541 of 2025(3) dt.30-01-2026 3/3 for the State.

8. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall cooperate in the stage of trial and shall remain physically present on each and every date fixed by the learned trial court, till the disposal of the case. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-IV, Araria in connection with Raniganj P.S. Case No. 344 of 2024 corresponding to S.T. No. 783 of 2024.

(Ashok Kumar Pandey, J) Sudhanshu/- U T