Govind Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90602 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- CHIHARA District- Jamui ====================================================== GOVIND MANDAL S/o LATE KAILA MANDAL R/o Vill - Gadi Tola, Purnadih, P.S.- Chihra, Distt.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chihra P.S. Case No. 78 of 2025 registered for the offences punishable under Sections 308(3), 308(4), 308(5), 61(2) of the BNS and Sections 16, 17, 18, 20 and 21 of the Unlawful Activities (prevention) Act.
3. As per the prosecution story, the informant has alleged that on 16-09-2025 at around 07:10 hrs, he received a secret information that a black flag had been hoisted in a field located in village Rakhatola, and some papers, slips, and lime had been used to write messages on it. On inspection, it was observed that a round circle of lime had been drawn on a flat ground with symbolic writing inside it, a black cloth flag
Patna High Court CR. MISC. No.90602 of 2025(2) dt.15-01-2026 2/3 fluttering on a bamboo stick was placed in the middle, and several foam plates were scattered around. Questioning the villagers revealed that they had no information regarding this activity. Subsequently, the aforesaid items were seized and seizure list was prepared.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case by the police merely on suspicion and without any cogent material on record. Admittedly, as per the F.I.R. the alleged recovery of the black fag, pamphlets, and foam plates were made from an open field which is easily accessible to the general public. Learned counsel further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner in not named in F.I.R., rather his name has been surfaced in this case only on the basis of confessional statement of co-villager made before the police. It is also submitted that the ingredients of UAP Act are not attracted against this petitioner as there is no evidence to show that he is member of a terrorist organisation or involved in funding/conspiracy. Petitioner is languishing in judicial custody since 20.09.2025 without any fault on his part.
5. Learned A.P.P. appearing on behalf of the State has
Patna High Court CR. MISC. No.90602 of 2025(2) dt.15-01-2026 3/3 vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, 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 Chief Judicial Magistrate, 2nd Jamui in connection with Chihra P.S. Case No. 78 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T