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Patna High Court

Pramod MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        3/3




                      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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