Pramod Kumar Mandal @ Pramod Mandal Vs The State of Bihar — Bail and Remand | Patna HC (2025)

Pramod Kumar Mandal @ Pramod Mandal Vs The State of Bihar — Bail and Remand | Patna HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Bhagalpur/concerned court, in connection with Sanhaula P.S. Case No. 59 of 2001, S.T. No. 400/2003, subject to conditions under Section 437(3) Cr.P.C./Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.

Issue for consideration

Whether the accused/petitioner, who was taken into custody on 22.05.2025 after failing to appear in-person before the trial court on 02.05.2025 (stated to be a first misuse of the privilege of bail earlier granted in Cr. Misc. No. 8602 of 2007), should be released on bail in connection with Sanhaula P.S. Case No. 59 of 2001.

Court's answer

Taking note that this is a case of first misuse of the privilege of bail (single non-appearance on 02.05.2025, custody from 22.05.2025), the petitioner is directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-I, Bhagalpur/concerned court, subject to the conditions laid down under Section 437(3) Cr.P.C./Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.

Detailed headnote1 paragraphs

Bail - grant - Offences under Sections 304B/34, Indian Penal Code - Sanhaula P.S. Case No. 59 of 2001, S.T. No. 400/2003 - petitioner had earlier been granted bail by a coordinate Bench of the Patna High Court in Cr. Misc. No. 8602 of 2007 dated 23.03.2007 - he failed to appear in-person before the learned trial court on 02.05.2025, stated to be due to a marriage ceremony in the family, and was taken into custody on 22.05.2025 on surrender, remaining in custody thereafter - Court noted this was a case of first (single) misuse of the privilege of bail - Held: petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Bhagalpur/concerned court, subject to conditions under Section 437(3) Cr.P.C. and Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.). (Chandra Shekhar Jha, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52003 of 2025

Arising Out of PS. Case No.-59 Year-2001 Thana- SANHAULA District- Bhagalpur

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

Pramod Kumar Mandal @ Pramod Mandal Son of Late Bhuskari Mandal Resident of village - Nahallo Ramasi, Police Station - Sanhaula, District - Bhagalpur.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Manoj Kumar, Advocate Mr.Kshem Sharma, Advocate Mrs.Sweety Sinha, Advocate For the Opposite Party/s : Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 15-11-2025

Heard learned counsel appearing on behalf of the

petitioner and learned A.P.P. for the State.

The accused/petitioner seeks bail in connection

with Sanhaula P.S. Case No.-59 of 2001, S.T. No. 400/2003 registered for the offences under Sections 304B/34 of the Indian Penal Code.

The accused/petitioner is named in the First

Information Report and is in custody since 22.05.2025 on surrender.

Learned counsel appearing for the petitioner

submitted that it is a case of first misuse of privilege of bail as granted by one of the learned coordinate Bench of this Court

Patna High Court CR. MISC. No.52003 of 2025(3) dt.15-11-2025 2/3

through Cr. Misc. No. 8602 of 2007 dated 23.03.2007. It is submitted that petitioner failed to appear in-person before the learned trial court on 02.05.2025 due to marriage ceremony in the family. It is submitted that petitioner never misused to attend the learned trial court since 2007 and out of first misuse to attend the court on 02.05.2025, he was taken into custody on 22.05.2025 and since, then, he is in custody.

Learned A.P.P. for the State is present.

Considering the aforesaid submission and by taking note of the fact as it is a case of first misuse, where petitioner failed to appear in-person before the learned trial court on 02.05.2025, and out of single and first misuse, he was taken into custody on 22.05.2025, therefore, being a first misuse, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Bhagalpur/concerned court, in connection with Sanhaula P.S. Case No.-59 of 2001, S.T. No. 400/2003, subject to the condition as laid down under Section 437(3) Cr.P.C/Section

Patna High Court CR. MISC. No.52003 of 2025(3) dt.15-11-2025 3/3

480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short

“B.N.S.S.”).

(Chandra Shekhar Jha, J)

Rajeev/-

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