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Patna High Court

Sandip Mandal @ Sandeep MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                        2/2




                      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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