Patna High Court
Pramod MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioners are entitled to regular bail and are directed to be released on bail.
Summary
The petitioners, Pramod Mandal and Baijnath Mandal, applied for regular bail in a case registered under several provisions of the Arms Act, alleging that arms and ammunition were seized from a thatched hut belonging to a third person, Ajay Mandal, with whom they have no connection. The prosecution alleged their involvement in the manufacture of arms, leading to their custody since 8 July 2025 and the filing of a charge-sheet. The petitioners contended they were falsely implicated, had no criminal antecedent, and had been detained for six months. The State opposed the bail. Considering the lack of direct link to the seized items, the petitioners' clean record, the elapsed custody period, and the charge-sheet, the court ordered that both petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail under the Arms Act despite the charge-sheet.
- Whether the alleged recovery of arms from a third party's hut negates the petitioners' involvement.
- Whether prolonged pre-trial custody without criminal antecedent warrants bail.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)(a), 26(1), 26(2), 35
Subjects
- bail
- Arms Act
- false implication
- pre-trial detention
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.717 of 2026
Arising Out of PS. Case No.-217 Year-2025 Thana- NATHNAGAR District- Bhagalpur
======================================================
1. Pramod Mandal S/o Mukundi Mandal R/o Village- Mohanpur, P.S.-
Nathnagars, District - Bhagalpur
2. Baijnath Mandal S/o Late Raghu Mandal R/o Village- Mohanpur, P.S.-
Nathnagars, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Upadhyaya, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Nathnagar P.S. Case
no.217 of 2025 (Sessions Trial no.988 of 2025), registered under
section 25(1-B)(a), 25(1-AA), 25(1-A), 26(1), 26(2) and 35 of
the Arms Act.
3. As per the prosecution case, on raid being
conducted it is stated that various arms and ammunition in the
process of manufacture were recovered from the thatched hut.
The petitioners were taken into custody.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.717 of 2026(2) dt.15-01-2026
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petitioners have been falsely implicated in the case. They have
no concern either with the seized articles nor with the place of
its recovery. Referring to the seizure list, which is part of the
F.I.R., it is stated therein that clauses 3(c) and 3(d) would show
that the place of alleged recovery is the thatched hut belonging
to one Ajay Mandal. The petitioners have no connection with
the said Ajay Mandal. The petitioners have no criminal
antecedent and they are in custody since 8.7.2025. Charge-sheet
has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the F.I.R., the alleged place of recovery being the thatched hut
of one Ajay Mandal and not of the petitioners herein, the
petitioners having remained in custody for 6 months since
8.7.2025, charge-sheet having been submitted in the case and
especially the petitioners not having any criminal antecedent,
both the petitioner are directed to be enlarged on bail in
connection with Nathnagar P.S. Case no.217 of 2025 (Sessions
Trial no.988 of 2025), on each of them furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.717 of 2026(2) dt.15-01-2026
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amount each to the satisfaction of the learned District and
Additional Sessions Judge-I, Bhagalpur.
(Partha Sarthy, J)
avinash/-
U T
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