Patna High Court
Mangal MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Mangal Mandal, was arrested in connection with a shooting incident in which his brother, the informant, was injured in the thigh. He was charged under sections 126(2) and 109 of the B.N.S. and section 27 of the Arms Act. The petitioner claimed innocence, alleging that he was falsely implicated due to a land dispute and that only a single, accidental shot was fired, with no serious injury evident on the X‑ray. The State opposed his request for regular bail, while the petitioner’s counsel sought bail on the basis of the minimal injury and the existence of a confessional statement. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 126(2) and 109 of the B.N.S. and section 27 of the Arms Act given the facts of the case.
Legislation cited
Subjects
- regular bail
- criminal procedure
- Arms Act
- section 27
- B.N.S.
- injury report
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86547 of 2025
Arising Out of PS. Case No.-81 Year-2025 Thana- HABIBPUR District- Bhagalpur
======================================================
Mangal Mandal S/o- Late Mahadev Mandal Village -Navtoliya Shahjangi,
P.S. - Habibpur, Dist. - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2) and
109 of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner
and the informant both are own brother. It is alleged that the
petitioner has fired a gun shot which hit in the thigh of the
informant. After that, the informant started crying.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case due to land dispute. Learned
counsel for the petitioner has submitted that the occurrence took
place on spur of the moment and there is allegation of firing
Patna High Court CR. MISC. No.86547 of 2025(3) dt.03-02-2026
2/2
only one shot. From perusal of the injury report, it is clear that
X-ray pelvis shows no bony fracture. There is confessional
statement of the petitioner. Moreover, he is languishing in
judicial custody since 14.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Habibpur P.S. Case No. 81 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M. 1st Class, Bhagalpur
(Ashok Kumar Pandey, J)
Shubham/-
U T
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