Patna High Court
Mithun MandalversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 351(2), 351(3)
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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