Patna High Court
Sandip Mandal @ Sandeep MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Sandip Mandal, was arrested in connection with a case registered under the Arms Act for alleged possession of a country-made pistol, four live cartridges, and a mobile phone. The prosecution alleged that these items were recovered from his possession, while the petitioner contended that nothing was seized and that the police failed to comply with Section 105 of the BNSS during the seizure. He also highlighted that he had been in judicial custody since 15‑12‑2025 and cited his right to bail. The State opposed bail, pointing to the seriousness of the arms offences and the petitioner’s two prior criminal cases. After hearing both sides, the court noted the procedural lapse in seizure and the petitioner’s prolonged custody, deeming bail appropriate. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offences.
- Whether the seizure of the alleged weapons complied with Section 105 of the BNSS.
- Impact of the petitioner’s prior criminal antecedents on bail eligibility.
Legislation cited
Subjects
- bail
- Arms Act
- seizure procedure
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20728 of 2026
Arising Out of PS. Case No.-521 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Sandip Mandal @ Sandeep Mandal S/O Pramod Mandal R/O Village -
Raghubir Chak, Ram Patti, P.S- Raj Nagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Rajnagar P.S. Case No.521 of 2025 registered for the
offence punishable under Sections 25(1-B)a, 25(1-A), 26 & 35
of the Arms Act.
3. The case of the prosecution, in short, is that from
possession of this petitioner one country made pistol and four
live cartridges were recovered. A mobile was also recovered
from the possession of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
Patna High Court CR. MISC. No.20728 of 2026(2) dt.01-04-2026
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list are police personnel and police have not complied Section
105 of the BNSS while making seizure. It has further been
submitted that the petitioner is languishing in judicial custody
since 15.12.2025.
5. The application for bail is opposed by learned APP
for the State. Learned APP has further submitted that the
petitioner is having criminal antecedent of two cases.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
A.C.J.M.- 1st, Madhubani in connection with Rajnagar P.S. Case
No.521 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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