Patna High Court
Mukesh mahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner, subject to bond and surety conditions.
Summary
Mukesh Mahto was arrested on 7 July 2025 during a special STF raid in Nathnagar where several illegal firearms and related items were seized. He was charged under Sections 25(1‑b)(a), 25(1‑AA), 25(1‑A), 26(1), 26(2) and 35 of the Arms Act. The petitioner claimed he had no prior criminal record, was not in possession of the seized arms, and was falsely implicated, also alleging non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the length of custody, the filing of the charge‑sheet, and the petitioner’s clean antecedents. The court granted bail on the condition of a Rs. 15,000 bond, two sureties, and compliance with appearance requirements.
Issues considered
- Whether bail should be granted to an accused charged under the Arms Act when the charge‑sheet is filed and the accused claims no possession of the seized weapons.
- Whether the alleged non‑compliance with Section 103 of the BNSS, 2023, affects the grant of bail.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-b)(a), 26(1), 26(2), 35
Subjects
- bail
- Arms Act
- illegal firearms
- false implication
- special task force raid
- charge sheet
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1168 of 2026
Arising Out of PS. Case No.-217 Year-2025 Thana- NATHNAGAR District- Bhagalpur
======================================================
Mukesh mahto Son of Late Naresh Mahto Resident of village- Dildarpur Bind
Toli, Ps- Nathnagar, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 988 of 2025, arising out of Nathnagar P.S.
Case No. 217 of 2025 instituted for the offence under Sections
25(1-b)(a), 25(1-AA), 25(1-A), 26(1), 26(2) & 35 of the Arms
Act.
3. That the prosecution case, in brief, is that on
07.07.2025 during a special STF raid at Rattipur Diyara, four
accused persons were apprehended while attempting to flee
from a thatched house. During search, four country-made
pistols, a live cartridge, magazines, semi-finished parts, and
several tools and instruments used for manufacturing illegal
Patna High Court CR. MISC. No.1168 of 2026(2) dt.20-01-2026
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firearms were recovered.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 08.07.2025. Petitioner
bears no criminal antecedent/s, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
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, period of custody of the petitioner and charge sheet
being submitted, 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
Patna High Court CR. MISC. No.1168 of 2026(2) dt.20-01-2026
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amount each to the satisfaction of Court below/concerned Court
in connection with Sessions Trial No. 988 of 2025, arising out
of Nathnagar P.S. Case No. 217 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
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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