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Patna High Court

Navin Mandal @ Ashik RajversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted at this stage of the trial and rejected the regular bail application.

Summary

The petitioner, Navin Mandal, applied for regular bail in a case registered under the Arms Act and NDPS Act pending before the Special Judge, Madhepura. The bail application had been rejected three times earlier, with the last order directing the trial court to complete the accused's Section 313 examination and defence witness testimony within three months. The petitioner argued that the three‑month period had elapsed and he had been in custody since May 2023, warranting bail. The State opposed, stating that all prosecution witnesses had been examined, the accused's Section 313 was completed, and the trial was now proceeding with defence witnesses. The Patna High Court, after considering the stage of the trial, declined to grant bail and dismissed the regular bail application.

Issues considered

  • Whether regular bail can be granted to an accused under Sections 25(1‑AA), 25(1‑b)a & 26 of the Arms Act read with Sections 8(c) & 21(b) of the NDPS Act after the trial has progressed to defence witness examination.
  • Whether the lapse of the three‑month period prescribed in the earlier order warrants bail.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • NDPS Act
  • Section 313 CrPC
  • trial stage
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82405 of 2025
                   Arising Out of PS. Case No.-112 Year-2023 Thana- BIHARIGANJ District- Madhepura
                 ======================================================
                 Navin Mandal @ Ashik Raj S/o Nawal Kishor Mandal @ Rajeev Mandal @
                 Rajeev Ranjan Mandal R/o vill - Sarauni Kala, ward no. 2, P.S.- Bihariganj,
                 Distt.- Madhepura
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alok Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Amitesh Kumar, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   25-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Bihariganj P.S. Case No. 112 of 2023 lodged on 10.05.2023, for

                   the offence punishable under Sections 25(1-AA), 25(1-b)a & 26

                   of the Arms Act read with sections 8(c) & 21(b) of the N.D.P.S

                   Act, pending in the Court of District & Additional Sessions

                   Judge 1st-cum-Special Judge, S.C./S.T, Madhepura.

                                3. Learned counsel for the petitioner submits that the

                   regular bail application of the petitioner was earlier rejected

                   thrice vide orders dated 29.02.2024, 17.01.2025 & 01.08.2025

                   passed in Cr. Misc. No. 68886 of 2023, Cr. Misc. No. 67627 of

                   2024 & Cr. Misc. No. 27105 of 2025 respectively. Counsel

                   submits that in the rejection order dated 01.08.2025, it was

                   directed to the Additional District & Sessions Judge-cum-
             Patna High Court CR. MISC. No.82405 of 2025(3) dt.25-02-2026
                                                         2/2




                       Special Judge, N.D.P.S., Madhepura where the case was

                       pending, to put this case on the examination of accused under

                       Section 313 Cr.P.C. and thereafter grant time for examination of

                       defence witness and conclude the same within three months.

                       Counsel submits that three months have already been lapsed and

                       therefore, this aspect may be taken into consideration and the

                       petitioner be released on bail. Counsel submits that the

                       petitioner is in custody since 11.05.2023.

                                    4. Learned APP for the State opposes the prayer for

                       bail of the petitioner and submits that on earlier occasion, report

                       with regard to the present stage of the trial was called for and

                       from the said report, it is clear that evidence of all the five

                       prosecution witnesses have already taken place, examination of

                       accused under Section 313 Cr.P.C. also taken place and

                       presently, the case is going on for defence witness.

                                    5. In this view of the matter, this Court is not inclined

                       to grant bail to the petitioner. Accordingly, the prayer for regular

                       bail of the petitioner is hereby rejected.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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