Patna High Court
Amit Mandal @ Guddu Mandal @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner, holding that the seriousness of the charges and the ongoing trial preclude bail.
Summary
The petitioner, Amit Mandal, was charged in a 2023 case for multiple serious offences under the Indian Penal Code, including assault, grievous hurt, attempt to murder, murder, and criminal conspiracy. He has been in custody since December 2023 and previously applied for bail, which was denied by the court on the basis that he was the principal assailant. In a second bail application, his counsel argued that the trial was nearing completion with most witnesses examined, except the investigating officer. The court considered the gravity of the offences and the fact that the trial was still ongoing, and concluded that regular bail could not be granted. Consequently, the bail application was dismissed and the trial was directed to be expedited.
Issues considered
- Whether regular bail should be granted to the petitioner despite the seriousness of the offences and the pending trial
Legislation cited
- Indian Penal Code — s. 302, 307, 323, 324, 325, 34, 341, 354(B), 504
Subjects
- bail
- criminal procedure
- Indian Penal Code
- serious offences
- trial pending
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89080 of 2025
Arising Out of PS. Case No.-441 Year-2023 Thana- CHHATAPUR District- Supaul
======================================================
Amit Mandal @ Guddu Mandal @ Amit Kumar S/O Suresh Mandal R/O
Village- Pariyahi, Ward No. 05, P.S.- Chhatapur, Distt.- Supaul
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pintu Kumar Patel
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Chhatapur P.S. Case No.
441 of 2023 registered for the offence under Sections 341, 323,
324, 325, 354(B), 307, 302, 504 & 34 of the Indian Penal Code.
3. Earlier the bail application of the petitioner was
rejected on 08.01.2025 in Cr. Misc. No. 84924 of 2024 which
reads as follows:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Chhatapur P.S. Case No. 441 of 2023 registered for
the offence under Sections 341, 323, 324, 325, 354(B),
307, 302, 504, 34 of the Indian Penal Code.
3. As per the prosecution case, the
petitioner and other accused persons are said to have
assaulted the deceased.
Patna High Court CR. MISC. No.89080 of 2025(2) dt.12-02-2026
2/2
4. The petitioner is the assailant of the
deceased and he is in custody since 23.12.2023.
5. Considering the fact that the petitioner is
the assailant of the deceased, this Court is not inclined
to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. The trial of the petitioner is directed to
be expedited.
4. Mr. Patel, the learned counsel for the petitioner
very fairly submits that the trial is on the verge of conclusion
and almost all the witnesses have been examined except the I.O.
5. In view of the above, I am not inclined to grant
regular bail to the petitioner. Accordingly, this application for
regular bail is hereby rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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