Patna High Court
Mangal SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 310(4), 310(5), 317(4), 317(5)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.