Patna High Court
Navin Mandal @ Ashik RajversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Arms Act — s. 25(1-AA), 25(1-b)a, 26
- Criminal Procedure Code — s. 313
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
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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