Allowed¶27

Amit Mandal @ Amit Kumar v. The State of Bihar

Patna HC9 May 2025CR. MISC./13429/2025

Case brief

AI extract

What is this about?

Patna High Court CRIMINAL MISCELLANEOUS No.13429 of 2025, decided 09-05-2025 by Arvind Singh Chandel, J - regular bail ALLOWED. Sabour P.S. Case No. 50 of 2024, District Bhagalpur; IPC Sections 364, 302, 34; deceased Chhotu Mandal; body found near Bhuvanchak Bahiyar, Nayatola village; FIR on report of Priti Devi (05.02.2024); petitioners Amit Mandal @ Amit Kumar and Sanjeev Mandal in custody since 24.06.2024; parity with co-accused Munna Mandal @ Abhishek Kumar (Cr. Misc. No. 1490 of 2025, 24.01.2025); bail bond Rs. 10,000/- with two sureties; C.J.M. Bhagalpur.

What did the court decide?

Both petitioners released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of C.J.M., Bhagalpur, in connection with Sabour P.S. Case No. 50 of 2024. ¶27

Amit Mandal @ Amit Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners (Amit Mandal @ Amit Kumar and Sanjeev Mandal) should be granted regular bail in connection with Sabour P.S. Case No. 50 of 2024 registered under Sections 364, 302 and 34 of the Indian Penal Code.

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Court's answer

Considering the submissions made by counsel for the petitioners, the materials available on record, and the fact that the co-accused has already been granted regular bail by the Co-ordinate Bench, this is a case where the petitioners should be granted benefit of bail.

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Ratio / Principle

The petitioners are to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the C.J.M., Bhagalpur, in connection with Sabour P.S. Case No. 50 of 2024.

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Detailed headnote1 paragraphs

First regular bail application of Amit Mandal @ Amit Kumar and Sanjeev Mandal in Sabour P.S. Case No. 50 of 2024 (District Bhagalpur), registered on 05.02.2024 on the report of the deceased's wife Priti Devi for offences under Sections 364, 302 and 34 of the Indian Penal Code following the death of Chhotu Mandal. Petitioners in custody since arrest on 24.06.2024 with trial ongoing. Counsel for the petitioners urged innocence, absence of legal evidence apart from the FIR, non-recovery of the alleged weapon, and parity with co-accused Munna Mandal @ Abhishek Kumar, already granted regular bail in Cr. Misc. No. 1490 of 2025 (24.01.2025). Considering the materials on record and the co-accused's release, Arvind Singh Chandel, J held it a fit case for bail, allowed the application, and directed release on a bail bond of Rs. 10,000/- each with two like sureties to the satisfaction of the C.J.M., Bhagalpur (oral order dated 09-05-2025).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13429 of 2025

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Arising Out of PS. Case No.-50 Year-2024 Thana- SABAUR District- Bhagalpur

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======================================================

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1. AMIT MANDAL @ AMIT KUMAR S/O- BISHUDEO MANDAL VillageNayatola Ps- Goradih Sabour Dist- Bhagalpur

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Sanjeev Mandal S/o- Bishudeo Mandal Village- Nayatola Ps- Goradih Sabour Dist- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mrs. Nivedita Nirvikar Mrs. Shashi Priya Mrs. Asmita Bharti Mr. Amarshakti Mr. Sumit Kumar Bubna For the State : Mr. Pranav Kumar, APP For the Informant : Mr. Rajesh Kumar Singh. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL

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ORAL ORDER

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3 09-05-2025

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Heard learned counsel for the petitioners and learned counsel for the State.

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This is the first regular bail application of the petitioners seeking his regular bail in connection with Sabour P.S. Case No. 50 of 2024 registered for the offence under Sections 364, 302 and 34 of the Indian Penal Code.

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In this case, there are total four accused persons. The name of the deceased is Chhotu Mandal. According to the case of prosecution, on 04.02.2024 at about 09:00 P.M. Chhotu Mandal left his house after taking his meal, thereafter, he did not

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Patna High Court CR. MISC. No.13429 of 2025(3) dt.09-05-2025 2/3

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return. Next day at about 03:00 P.M. his dead body was lying found near Bhuvanchak Bahiyar adjacent to Nayatola village. The matter was reported by wife of the deceased Priti Devi on 05.02.2024, on the basis of which, offence has been registered. During course of investigation, the present applicants are arrested on 24.06.2024.

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It is submitted by the learned counsel for the petitioners that petitioners are innocent and have falsely been implicated in this case. There is no any legal evidence against both of the applicants to implicate them for the alleged crime in question. She further submits that apart from the contents of first information report, no any other evidence has been collected by the prosecution, nor any recovery of the weapon which was used for the alleged crime, has been seized from any of the applicants. Both the petitioners are in custody since 24.06.2024 and trial is still going on and it will take some more time. She further submits that co-accused Munna Mandal @ Abhishek Kumar has already been granted regular bail by the Co-ordinate Bench of this Court in Cr. Misc. No. 1490 of 2025 on 24.01.2025. Therefore, on these grounds, it is prayed by the counsel that the petitioners may be granted benefit of bail.

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Learned counsel for the State as well as counsel

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Patna High Court CR. MISC. No.13429 of 2025(3) dt.09-05-2025 3/3

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for the informant opposes the arguments raised by the counsel for the petitioners.

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Heard

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Perused the case diary and other materials available on record.

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Consideration the above submissions made by the counsel for the petitioners and considering the materials available on record and further considering the fact that the coaccused has already been granted regular bail by the Coordinate Bench of this Court, I am of the view that it is a case where the petitioners should be granted benefit of bail.

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Accordingly, the application is allowed.

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Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur in connection with Sabour P.S. Case No. 50 of 2024.

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(Arvind Singh Chandel , J)

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shailendra/-

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U T

Amit Mandal @ Amit Kumar v. The State of Bihar

Case brief

What is this about?

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Amit Mandal @ Amit Kumar v. The State of Bihar

Case brief

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