Patna High Court
Mintu Kumar @ Mintu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Regular bail was denied because the prosecution witnesses had already been examined, leaving no occasion to entertain the petition.
Summary
Mintu Kumar Singh was arrested in connection with a case registered under Sections 302, 506, 120(B) of the Indian Penal Code and Sections 27, 25(1‑B)A, 26 and 35 of the Arms Act. He filed a second petition for regular bail after his earlier bail application was rejected. During the hearing, the court noted that all prosecution witnesses had already been examined by the trial court. The High Court held that since the prosecution case was fully presented, there was no justification to entertain a fresh bail request. Consequently, the petition for regular bail was dismissed.
Issues considered
- Whether regular bail can be granted to the accused after all prosecution witnesses have been examined by the trial court.
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 27, 35
- Indian Penal Code — s. 120(B), 302, 506
Subjects
- bail
- regular bail
- IPC
- Arms Act
- prosecution witnesses
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23880 of 2026
Arising Out of PS. Case No.-534 Year-2024 Thana- SAHARSA SADAR District- Saharsa
======================================================
Mintu Kumar @ Mintu Kumar Singh Son of Ganesh Singh Resident of
Village- Rahuamani, Ward No.-03, P. S.- Bangaon, District- Saharsa, Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Kumar Singh, Advocate
For the Opposite Party/s : Mr.Pranav Kumar, APP
For the Informant : Mr.Suraj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 19-06-2026 Heard learned counsel appearing on behalf of the
petitioner, learned A.P.P. for the State and Mr. Suraj Kumar,
learned counsel for the informant.
2. The accused/petitioner seeks bail in connection
with Saharsa Sadar P.S. Case No. 534 of 2024 registered for
the offences under Sections 302, 506, 120(B) of the Indian
Penal Code and Section 27, 25(1-B)A/26/35 of the Arms
Act.
3. Present petition preferred for second time praying
for regular bail of the petitioner namely, Mintu Kumar @
Mintu Kumar Singh, after rejection of his first prayer of
regular bail through Cr. Misc. No. 63764 of 2024 dated
Patna High Court CR. MISC. No.23880 of 2026(2) dt.19-06-2026
2/2
20.08.2025.
4. During course of argument, it transpires that all the
prosecution witnesses were examined by the learned trial
court.
5. Considering the aforesaid, as all the prosecution
witnesses have already been examined by the learned trial
court, therefore, there is no occasion to entertain the present
prayer of regular bail on second occasion.
6. Accordingly, prayer of regular bail of the petitioner
stands dismissed.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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