← Library
Patna High CourtCR. MISC./86255/2025allowed

Rahul Mandal v. The State Of Bihar

2026-02-03Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86255 of 2025 Arising Out of PS. Case No.-73 Year-2024 Thana- ASARGANJ District- Munger ====================================================== Rahul Mandal S/O Babu Lal Mandal R/O Vill.- Shyampur Daka, Mirzapur, P.S.- Shambhuganj, Dist.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 392 of the Indian Penal Code.

3. The case of the prosecution is that some unknown miscreants have killed the mother of the informant. As the mother of the informant was not picking up the phone call of the informant, the neighbour was requested and they informed that lady has been murdered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the FIR was lodged against unknown miscreants. During course of investigation, the

Patna High Court CR. MISC. No.86255 of 2025(3) dt.03-02-2026 2/3 name of this petitioner has surfaced on the basis of statement of spy. The spy has stated that in paras- 57 and 58 of the diary that Mochhu Mandal, Dilip Mandal and this petitioner (Rahul Mandal) were involved in the occurrence. In paras- 78 and 79, there is restatement of the informant and statement of the brother of the informant and both have stated that the petitioner might have killed their mother with other accused persons, namely, Mochhu Mandal and Dilip Mandal. Learned counsel has further submitted that save and except suspicion, there is nothing against this petitioner. It has also been submitted that co-accused, namely, Mochhu Mandal having similar nature of allegation has been granted bail by learned co-ordinate Bench of this Court vide order dated 25.09.2024 passed in Cr. Misc. No. 59843 of 2024. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 05.06.2025.

5. Learned APP appearing for the State has vehemently 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 inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.86255 of 2025(3) dt.03-02-2026 3/3 petitioner is directed to be released on bail in connection with Asarganj P.S. Case No. 73A of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai. (Ashok Kumar Pandey, J) Shubham/- U T