Patna High Court
Krishna Kumar Mandal @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Krishna Kumar Mandal was arrested in connection with a case (PS‑468/2025) alleging offences under several sections of the Bihar Negotiable Instruments Act and the Arms Act, including alleged firing of a weapon that misfired. The prosecution alleged that a person named Pankaj fired at the informant’s son, but no injury occurred. The petitioner claimed innocence, arguing that the FIR implicates only Pankaj and that the allegations are vague and no harm was caused. The State opposed bail, citing two prior criminal convictions of the petitioner. After hearing both sides, the Patna High Court granted regular bail on a bond of Rs 10,000 with two sureties, directing release subject to satisfaction of the Additional Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges under the Bihar Negotiable Instruments Act and the Arms Act
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Negotiable Instruments Act — s. 109, 115(2), 126(2), 189(2), 329(3), 351(3), 352
Subjects
- regular bail
- bail application
- criminal antecedents
- Arms Act
- misfire
- no injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17628 of 2026
Arising Out of PS. Case No.-468 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Krishna Kumar Mandal @ Krishna Kumar Son of Nathuni Mandal Resident
of village- Mahthaur Tola Fulkahi PS- Phulparas District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 329(3),
189(2), 126(2), 115(2), 109, 352, 351(3) of BNS and Sections
25(1-b)a, 26, 35 and 27 of the Arms Act.
3. The case of the prosecution is that one Pankaj has
fired at the son of the informant but it was misfired.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the allegation of firing is against Pankaj and
that in this case, no injury is caused to anybody. The nature of
allegation is general and omnibus. Moreover, the petitioner is
Patna High Court CR. MISC. No.17628 of 2026(2) dt.24-03-2026
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languishing in judicial custody since 13.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having two criminal antecedents.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Phulparas P.S. Case No. 468 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-II, Jhanjharpur, Madhubani.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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