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Patna High Court

Mithun MandalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was denied to the petitioner.

Summary

Mithun Mandal, the petitioner, applied for regular bail in a murder case (PS Nathnagar Case No. 328 of 2024) where he is charged under Sections 103(1), 351(2)/(3), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleges that he directly killed the deceased, and he has been in custody since 25 September 2024. The learned senior counsel for the petitioner argued for bail, while the State’s counsel opposed it on the ground of the seriousness of the offences. The Court examined the nature and gravity of the charges and concluded that granting regular bail would be inappropriate. Consequently, the bail application was rejected and the trial was directed to be expedited.

Issues considered

  • Whether regular bail can be granted to an accused charged with murder and related offences under the Bharatiya Nyaya Sanhita and the Arms Act.

Legislation cited

Subjects

  • regular bail
  • murder
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • serious offence
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75520 of 2025
                    Arising Out of PS. Case No.-328 Year-2024 Thana- NATHNAGAR District- Bhagalpur
                 ======================================================
                 Mithun Mandal S/o Lakhman Mandal R/o Madhopur, P.s.- Nathnagar, Distt.-
                 Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. NK Agrawal, Sr. Advocate
                                                  Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                                                  Mr. Md. Matloob Rab
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   19-03-2026                   Heard the learned senior counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Nathnagar P.S. Case No. 328 of 2024 registered for the offence

                   under Sections 103(1), 351(2)/(3), and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

                                 3. As per the prosecution case, the petitioner is

                   accused of killing the deceased. There is specific and direct

                   allegation against the petitioner of killing the deceased. He is in

                   jail since 25.09.2024.

                                 4. Considering the nature and the gravity of the

                   offence, this Court is not inclined to grant regular bail to the

                   petitioner.
            Patna High Court CR. MISC. No.75520 of 2025(4) dt.19-03-2026
                                                        2/2




                                    5. Accordingly, this application for regular bail stands

                      rejected. The Court below is directed to expedite the trial of the

                      petitioner.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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