Patna High Court
Santosh Mandal @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court denied regular bail to the petitioner, holding that the circumstances did not warrant his release.
Summary
The petitioner, Santosh Mandal, applied for regular bail in a case registered under Sections 103(1), 352, 351(2), 3(5) of the BNS and Section 27 of the Arms Act. He has been in custody since 17 March 2025 and has three prior cases pending against him. The informant alleged that the petitioner shot his brother, causing fatal injuries, and the FIR was lodged by the deceased's brother. The trial has already commenced with charges framed. After hearing both sides, the Court held that the petitioner, being the alleged assailant in a serious offence, should not be released on bail. Consequently, the petition for regular bail was rejected.
Issues considered
- Whether regular bail can be granted to the petitioner in view of the seriousness of the offences and the fact that he is the alleged assailant
- Whether the existence of prior cases and the commencement of trial preclude the grant of bail
Legislation cited
Subjects
- bail
- criminal procedure
- murder
- arms act
- serious offence
- trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25077 of 2026
Arising Out of PS. Case No.-26 Year-2025 Thana- NAYA RAM NAGAR District- Munger
======================================================
Santosh Mandal @ Santosh Kumar S/o Late Ashok Mandal Resident of
Village- Ram Nagar Morcha, PS- Nayaram Nagar, Dist.- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh
For the Opposite Party/s : Ms.Gulnar Begum
Mr.Kumar Kamal Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioner seeks bail in Nayaram Nagar P. S.
Case No.26 of 2025 registered for the offences punishable under
Sections 103(1), 352, 351(2), 3(5) of the BNS and Section 27 of
the Arms Act.
3. The learned counsel for the petitioner submits that
the petitioner is in custody since 17.03.2025 and has antecedent
of three cases and the informant alleges that his brother was shot
by petitioner causing injury on stomach leading to his death.
4. At this stage, the learned counsel appearing on
behalf of the informant submits that petitioner is the assailant of
Patna High Court CR. MISC. No.25077 of 2026(2) dt.13-05-2026
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the deceased and the FIR has been instituted by brother of the
deceased. It is also submitted that charges have been framed and
trial has commenced.
5. After hearing the learned counsel for the parties
and also taking into consideration the fact that petitioner is the
assailant of the deceased, the Court is not inclined to release the
petitioner on bail.
6. The prayer of the petitioner for regular bail stands
rejected.
(Satyavrat Verma, J)
vikash/-
U T
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