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Patna High Court

Vikash Mandal @ Vikash Boss @ Vikash BoseversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the seriousness of the offences and the advanced stage of trial justified dismissal of the application.

Summary

The petitioner, Vikash Mandal, applied for regular bail for offences including assault, grievous hurt, kidnapping, attempted murder, murder, and unlawful possession of arms under the IPC and Arms Act. The prosecution alleged that he killed the husband and son of an informant, and he had been in custody since June 2024. The petitioner argued that the trial was nearing conclusion with five of six witnesses already examined, seeking relief. The court noted the seriousness of the charges, the alleged motive, and the fact that the trial was progressing, finding no justification to overturn its earlier bail denial. Consequently, the court dismissed the second bail application, reaffirming its prior order. The decision underscores the court's discretion to deny bail in grave cases where the trial is close to completion.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences charged
  • Whether the progress of the trial warrants denial of bail

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • serious offences
  • trial
  • pre-trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39890 of 2026
                   Arising Out of PS. Case No.-267 Year-2024 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Vikash Mandal @ Vikash Boss @ Vikash Bose Son of Late Bishundeo
                 Mandal Resident of Village- Fatehpur, P.S.- Sultanganj, District- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Dr. Manoj Kumar
                 For the Opposite Party/s :         Mr.Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-07-2026                  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 Sultanganj P.S. Case No. 267 of 2024

                   registered for the offence under Sections 341, 323, 452, 326,

                   307, 302/34 and 120(B) of the Indian Penal Code and under

                   Section 27 of the Arms Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 01.09.2025 in Cr. Misc. No. 21994 of 2025 which

                   reads as follows:-

                                                           Heard the learned counsel for the
                                              petitioner, learned counsel for the informant and
                                              learned counsel for the State.
                                                           2. The petitioner seeks bail in connection
                                              with Sultanganj P.S. Case No. 267 of 2024 registered for
                                              the offence under Sections 341, 323, 352, 326, 307,
                                              302/34 and 120(B) of the Indian Penal Code and under
            Patna High Court CR. MISC. No.39890 of 2026(2) dt.07-07-2026
                                                        2/2




                                              Section 27 of the Arms Act.
                                                            3. As per the prosecution case, the
                                              petitioner is alleged to have killed the husband and son
                                              of the informant.
                                                            4. The petitioner is in custody since
                                              7.6.2024.
                                                            5. Considering the direction allegation
                                              levelled against the petitioner for killing the informant’s
                                              son and husband, this Court is not inclined to grant bail
                                              to the petitioner.
                                                            6. Accordingly, this application is dismissed.



                                   4. The learned counsel for the petitioner submits that

                      in the trial out of six witnesses, five witnesses have been

                      examined.

                                   5. Considering the fact that the trial is progressing and

                      is on the verge of conclusion, this Court finds no ground to

                      review its earlier order. Accordingly, this application for regular

                      bail stands dismissed.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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