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Patna High Court

Mangal SahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that the seriousness of the offences, the possession of a firearm, and the pendency of multiple cases justify the continuation of custody.

Summary

The petitioner, Mangal Sah, was arrested while planning a loot and was found in possession of a pistol, with additional gold ornaments recovered from co‑accused. He faces charges under Sections 310(4), 310(5), 317(4) and 317(5) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a, 26 and 35 of the Arms Act, along with 11 similar pending cases. The petitioner applied for regular bail for the second time, arguing that the trial was underway. The Court noted the seriousness of the offences, the recovery of a firearm, the petitioner’s antecedent criminal history, and that the trial had already commenced with witnesses examined. Consequently, the Court upheld its earlier order and rejected the bail application.

Issues considered

  • Whether bail can be granted to an accused charged with offences under the Bharatiya Nyaya Sanhita and the Arms Act given the seriousness of the crimes and the existence of multiple pending cases.
  • Whether the commencement and progress of trial, including examination of witnesses, precludes the grant of regular bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • serious offences
  • arms possession
  • trial progress

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23239 of 2026
                      Arising Out of PS. Case No.-499 Year-2024 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Mangal Sah S/O Late Amrit Lal Sah R/O Village- Laheriyaganj, P.S.- Town,
                 Distt.- Madhubani.

                                                                                    ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Jitendra Kumar Bharti
                 For the Opposite Party/s :         Mr.Rabindra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-05-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Bahera P.S. Case No. 499 of 2024 registered

                   for the offence punishable under Sections 310(4), 310(5), 317(4)

                   and 317(5) of the Bharatiya Nyaya Sanhita and Sections 25(1-

                   b)a, 26 and 35 of the Arms Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 03.09.2025 in Cr. Misc. No. 42606 of 2025 which

                   reads as follows:-

                                                           Heard learned counsel for the petitioner
                                              and learned APP for the State.
                                                           2. The petitioner seeks bail in connection
                                              with Bahera P.S. Case No. 499 of 2024 registered for the
                                              offence punishable under Sections 310(4), 310(5), 317(4)
                                              and 317(5) of the Bharatiya Nyaya Sanhita and Sections
                                              25(1-b)a, 26 and 35 of the Arms Act.
            Patna High Court CR. MISC. No.23239 of 2026(2) dt.01-05-2026
                                                        2/2




                                                            3. The petitioner while planning to commit
                                              loot along with other criminals was caught.
                                                            4. One country made pistol has been
                                              recovered from the petitioner and other materials
                                              including gold ornaments have been recovered from
                                              other co-accused. The petitioner is accused in 11 more
                                              similar and serious cases. He is in custody since
                                              25.12.2024.
                                                             5. Considering the antecedent, I am not
                                              inclined to grant bail to the petitioner.
                                                            6. Accordingly, the application stands
                                              dismissed.



                                   4. In the trial, out of six witnesses, three witnesses

                      have been examined.

                                   5. Considering the fact that the trial has started and is

                      progressing, I am not inclined to review my earlier order.

                      Accordingly, this application for regular bail stands rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U


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