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Mahendra Marandi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

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Patna HC
2026
Mahendra Marandi Vs The State of BiharMahendra Marandi v. The State of Bihar

Dismissed¶27

Mahendra Marandi v. The State of Bihar

Bail – Second regular bail application

Patna HC16 Jan 2026CR. MISC./81413/2025

Case brief

AI extract

What is this about?

Patna High Court; Sandeep Kumar, J.; CRIMINAL MISCELLANEOUS No.81413 of 2025; decided 16-01-2026; regular bail; second bail application; review of earlier bail rejection; S.Tr. No. 202 of 2025; Falka P.S. Case No. 105 of 2024; Katihar; Sections 363, 364, 365, 506 IPC; Section 302 IPC; Section 3(2)(v) SC/ST Act; charges framed 27.05.2025; no witness examined; trial started; custody since 20.05.2024; earlier rejection dated 15.05.2025 in Cr. Misc. No. 30610 of 2025; direction to Superintendent of Police for witness attendance; bail rejected.

What did the court decide?

None to the petitioner; regular bail rejected. Direction issued to the Superintendent of Police, Katihar to ensure the attendance of witnesses in the concerned court below, with a copy of the order to be communicated through FAX/e-mail for compliance. ¶27

Why is it important?

The trial having started (charges framed on 27.05.2025 but no witness examined), no ground for review of the earlier rejection of bail was made out; the second application for regular bail was rejected. ¶25

What the court decided

AI extract

Outcome

None to the petitioner; regular bail rejected. Direction issued to the Superintendent of Police, Katihar to ensure the attendance of witnesses in the concerned court below, with a copy of the order to be communicated through FAX/e-mail for compliance.

Issue for consideration

Whether the petitioner, an accused in S.Tr. No. 202 of 2025 (Falka P.S. Case No. 105 of 2024) under Sections 363, 364, 365, 506 and 302 IPC and Section 3(2)(v) of the SC/ST Act, is entitled to regular bail in his second attempt, charges having been framed on 27.05.2025 but no witness having been examined.

Court's answer

The trial having started (charges framed on 27.05.2025 but no witness examined), no ground for review of the earlier rejection of bail was made out; the second application for regular bail was rejected.

Ratio / Principle

The Superintendent of Police, Katihar was directed to ensure the attendance of the witnesses in the concerned court below.

Detailed headnote1 paragraphs

Bail - Second regular bail application - Rejected. The petitioner, an accused in S.Tr. No. 202 of 2025 arising out of Falka P.S. Case No. 105 of 2024 (District Katihar) for offences under Sections 363, 364, 365, 506 IPC and Section 3(2)(v) of the SC/ST Act, with Section 302 IPC added vide order dated 22.05.2024, sought regular bail in his second attempt; his earlier bail application had been rejected on 15.05.2025 in Cr. Misc. No. 30610 of 2025. Counsel contended that although charges were framed on 27.05.2025, no witness had been examined. Held, the trial having started, no ground for review was made out; the application for regular bail was rejected. The Superintendent of Police, Katihar was directed to ensure the attendance of the witnesses in the court below, with a copy of the order to be communicated through FAX/e-mail for compliance. (As recorded in the earlier order, the petitioner is in jail since 20.05.2024.) - (Sandeep Kumar, J.)

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81413 of 2025

Arising Out of PS. Case No.-105 Year-2024 Thana- FALKA District- Katihar

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

Mahendra Marandi S/O Late Parmeshwar Marandi R/O Vill.- Srikole, P.SFalka, Dist- Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar Singh For the Opposite Party/s : Mr.Binay Krishna ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 16-01-2026

Heard the learned counsel for the petitioner and the

learned APP for the State.

This is the 2^nd attempt of the petitioner. The petitioner seeks bail in connection with S.Tr. No. 202 of 2025 arising out of Falka P.S. Case No. 105 of 2024 registered for the offence under Sections 363, 364, 365, 506 of the Indian Penal Code and under Section 3(2)(v) of the SC/ST Act and later on vide order dated 22.5.2024 Section 302 of the Indian Penal Code was also added.

Earlier the bail application of the petitioner was rejected on 15.05.2025 in Cr. Misc. No. 30610 of 2025, which reads as follows:-

Heard learned counsel for the petitioner and learned APP for the State.

Patna High Court CR. MISC. No.81413 of 2025(2) dt.16-01-2026 2/3

2. The petitioner seeks regular bail in connection with S.Tr. No. 202 of 2025 arising out of Falka P.S. Case No. 105 of 2024 registered for the offence under Sections 363, 364, 365, 506 of the Indian Penal Code and under Section 3(2)(v) of the SC/ST Act and later on vide order dated 22.5.2024 Section 302 of the Indian Penal Code was also added.

3. As per the prosecution case, the petitioner is accused of killing the deceased.

4. The petitioner is named in the selfinculpatory statement of the co-accused as a participant of the killing the deceased.

5. The petitioner is in jail since 20.05.2024.

6. Considering the fact that the petitioner is involved in the killing of the deceased, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this application is dismissed.

Learned counsel for the petitioner submits that though the charges have been framed on 27.05.2025 but no witness has been examined and therefore, the petitioner may be granted bail.

Considering the fact that trial has started, no ground for review is made out. Accordingly, this application for regular

Patna High Court CR. MISC. No.81413 of 2025(2) dt.16-01-2026 3/3

bail stands rejected.

The Superintendent of Police, Katihar is directed to

ensure the attendance of the witnesses in the concerned court below.

Let a copy of this order be communicate through FAX/ e-mail to the Superintendent of Police, Katihar for its compliance.

(Sandeep Kumar, J)

tusharika/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, an accused in S.Tr. No. 202 of 2025 (Falka P.S. Case No. 105 of 2024) under Sections 363, 364, 365, 506 and 302 IPC and Section 3(2)(v) of the SC/ST Act, is entitled to regular bail in his second attempt, charges having been framed on 27.05.2025 but no witness having been examined.¶24
The court held
The trial having started (charges framed on 27.05.2025 but no witness examined), no ground for review of the earlier rejection of bail was made out; the second application for regular bail was rejected.ratio¶25

Statutes considered

3 provisions across 2 enactments

AI extract

Indian Penal CodeSections 363, 364, 365, 506¶14 302¶14
SC/ST Act3(2)(v)¶14

Procedural history

How this case reached the court

AI extract

Order under challenge
Rejection of the petitioner's first regular bail application in Cr. Misc. No. 30610 of 2025; the present application is the second attempt and was dealt with as seeking review of that rejection¶15
Patna High Court · 15.05.2025
Prior proceeding
Sessions trial S.Tr. No. 202 of 2025 arising out of Falka P.S. Case No. 105 of 2024 (District Katihar), registered for offences under Sections 363, 364, 365, 506 IPC and Section 3(2)(v) of the SC/ST Act¶14
Prior proceeding
Section 302 IPC added to the case vide order dated 22.05.2024¶14
Prior proceeding
Charges framed on 27.05.2025; no witness examined as on the date of the present order¶24
Prior proceeding
Petitioner in custody since 20.05.2024, as recorded in the earlier bail order dated 15.05.2025¶21

Parties & counsel

AI extract

petitioner
Mahendra Marandi S/O Late Parmeshwar Marandi R/O Vill.- Srikole, P.SFalka, Dist- Katihar¶4
Mr.Pawan Kumar Singh
respondent
The State of Bihar¶7
Mr.Binay Krishna

Coram

AI extract

Sandeep Kumarauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 16 Jan 2026 · January
Registered: 19 Nov 2025
Case no.: CR. MISC./81413/2025
CNR: BRHC011189732025
Topic: Murder and Culpable Homicide
Bench: Sandeep Kumar
Disposal: DISMISSED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Mahendra Marandi v. The State of Bihar, CR. MISC./81413/2025 (PAT), decided on 16 January 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Indian Penal CodeSections 363, 364, 365, 506 · 302
SC/ST Act3(2)(v)

View all statutes

Procedural history5

Rejection of the petitioner's first regular bail application in Cr. Misc. No. 30610 of 2025; the present application is the second attempt and was dealt with as seeking review of that rejectionPatna High Court · 15.05.2025
Sessions trial S.Tr. No. 202 of 2025 arising out of Falka P.S. Case No. 105 of 2024 (District Katihar), registered for offences under Sections 363, 364, 365, 506 IPC and Section 3(2)(v) of the SC/ST Act
Section 302 IPC added to the case vide order dated 22.05.2024

View full history

Bench / Coram

Sandeep Kumar

Parties & counsel