Patna High Court

Mankhush Kumar @ B.C.versusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to a cash bond and specified conditions.

Summary

The petitioner, Mankhush Kumar, sought bail in a case registered under Sections 25(1‑B)(1), 26 and 35 of the Arms Act for the alleged recovery of a country‑made pistol and cartridge from a dhaba. He had been in custody since 5 September 2025 and disclosed two prior criminal antecedents. The petitioner claimed false implication, asserted that the arms were not in his conscious possession, and argued non‑compliance with Section 103 of the BNSS, 2023. The State opposed the bail application. Considering the facts, the court was inclined to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties and imposing conditions regarding family surety and appearance in court.

Issues considered

Whether bail should be granted to the accused under the Arms Act despite prior criminal antecedents
Whether the alleged non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision

Legislation cited

Arms Act — s. 25(1-B)(1), 26, 35
BNSS, 2023 — s. 103

Subjects

bail
Arms Act
criminal antecedents
surety
high court
BNSS 2023
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11037 of 2026
                       Arising Out of PS. Case No.-362 Year-2025 Thana- MOKAMAH District- Patna
                 ======================================================
                 Mankhush Kumar @ B.C. Son of Manoj Kumar @ Manoj Yadav Resident of
                 Village- Gosai Gaon, P.S.- Barh, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tej Narayan Singh, Advocate
                 For the Opposite Party/s :       Ms. Renuka Ratnakar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Mokama P.S. Case No. 362 of 2025 instituted for the offence

                   under Sections 25(1-B)(1), 26 & 35 of the Arms Act.

                           3.       Prosecution case in short is that there is recovery of

                   one country made pistol and one cartridge from one Dhaba at

                   the instance of the petitioner.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 05.09.2025. Petitioner

                   bears two (2) criminal antecedents, as per disclosure made in

                   paragraph No. 3 of the bail application.

                           5.       It has been further submitted by the petitioner’s
Patna High Court CR. MISC. No.11037 of 2026(2) dt.23-02-2026
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          counsel that petitioner has been falsely implicated in the present

          case. It is submitted that petitioner has no concern with the

          recovered arms. Nothing has been recovered from the conscious

          possession of the petitioner. Learned counsel next submits that

          police after investigation has already submitted charge sheet in

          this case. There is no compliance of Section 103 of the BNSS,

          2023.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case and period of custody of the petitioner, this Court is

          inclined to grant bail to the petitioner.

                  8.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Fifteen Thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Mokama P.S. Case No. 362 of 2025, subject

          to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.11037 of 2026(2) dt.23-02-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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