Patna High Court – Orders
Pinka Mandal @ Praveen Mandal @ Pravin … vs The State Of Bihar on 26 February, 2026
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11386 of 2026
Arising Out of PS. Case No.-454 Year-2024 Thana- KATIHAR NAGAR District- Katihar
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Pinka Mandal @ Praveen Mandal @ Pravin Kumar Mandal, Son of Sushil
Mandal @ Ramgopal Mandal, R/o Belori, Abdullanagar, P.S. -Sadar, District-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar Mandal, Adv.
For the Opposite Party/s : Mr. Upendra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 26-02-2026
Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Katihar Nagar Sahayak P.S. Case No. 454 of 2024 dated
29.06.2024 registered for the offence punishable under
Sections 414, 399, 402, 323, 307, 353 and 332 of the Indian
Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the
Arms Act and Section 8(c) and 21(a) of the N.D.P.S. Act.
3. The prosecution case, in short, is that on
29.06.2024 at about 02:05 hours, the informant received a
secret information that the members of Simiya Khatoon
Gang are planning a loot near Budhuchak, upon which the
informant along with police personnel reached Budhuchak
and then one accused fired on the police, however, the
police apprehended four miscreants, who disclosed their
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names as Kalua @Gurudev Sah, Raju Mukhiya, Rahul
Kumar and Md. Afroz. During search, one country-made
pistol, three live cartridges, one cell phone and 20 small
packets of smack were recovered from the possession of
Kalua @ Gurudev Sah. One motorcycle and two cell
phones were recovered from the possession of Raju
Mukhiya and one cell phone and one motorcycle were
recovered from the possession of Md. Afroz. On search, a
total of 1.36 gm of smack was recovered from the
possession of the accused persons, and thereafter, a seizure
list was prepared to this effect.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that there is no specific allegation
against the petitioner in the written complaint. As per the
written complaint, it appears that merely on the basis of
secret information, the police apprehended four accused
persons at the spot, who disclosed the name of the petitioner
and co-accused, namely, Simiya Khatoon had claimed that
they are members of the gang of Simiya Khatoon and were
waiting for them and other accused persons to arrive for
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committing some offence. It is also submitted that 1.36 gm
of smack like substance was recovered from possession of
Kalua @ Gurudev Sah. It is further submitted that nothing
has been recovered from the conscious possession of the
petitioner. The said Seema @ Simiya Khatoon @ Sima Sah
has been granted bail by this Court vide order dated
19.11.2025 passed in Criminal Miscellaneous No. 79180 of
2025. The petitioner is in custody since 11.07.2025, having
14 criminal cases against him and charge-sheet has been
submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge-IV, Katihar in connection with
Katihar Nagar Sahayak P.S. Case No. 454 of 2024, subject
to the following conditions:-
1. Petitioner shall co-operate in the trial and
Patna High Court CR. MISC. No.11386 of 2026(2) dt.26-02-2026
4/4shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his
release from custody shall appear before the S.H.O.
of his local area alongwith a copy of this order and
shall appear every fortnightly to mark his
attendance till conclusion of the trial court.
(Khatim Reza, J)
prabhat/-
U T