Patna High Court
Md. AslamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to surrender and bail bond conditions.
Summary
The petitioner, Munna Prasad, filed an anticipatory bail application fearing arrest in a Siwan case involving alleged offences under sections of the B.N.S., Arms Act and NDPS Act. The prosecution alleged that a co-accused, Jitendra Mishra, was found with a loaded pistol, ammunition, a narcotic substance, an ATM swipe machine, ATM cards and a motorcycle, and that the co-accused had disclosed the petitioner's name. The petitioner contended that nothing was recovered from his possession, he had no criminal antecedent, and the only link was the co-accused's confession. The State opposed the bail. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2).
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the co-accused's confession.
- Whether there is sufficient material evidence linking the petitioner to the alleged offences.
- Whether the conditions imposed under Section 482(2) are appropriate.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- B.N.S. — s. 318(4), 319(2), 336(3), 340(2)
- B.N.S.S. — s. 482(2)
- N.D.P.S. Act — s. 21(a), 8(c)
Subjects
- anticipatory bail
- Arms Act
- NDPS Act
- Section 482 CrPC
- co-accused confession
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15268 of 2026
Arising Out of PS. Case No.-614 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Munna Prasad @ Munna Kumar Gupta @ Raja Babu S/o Umesh Prasad @
Ugesh Prasad Resident of Village- Raghopur, P.S.- Rivilganj, District- Chapra
(Saran)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Murari Mishra, Advocate
For the State : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Siwan Muffasil P.S. Case No. 614 of 2025 instituted for the
offence under Sections 319(2), 318(4), 336(3), 340(2) of B.N.S.
and Section 25(1-B)a, 26, 35 of the Arms Act and Section 8 (c),
21(a) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from the
possession of co-accused namely Jitendra Mishra, who has been
apprehended by the police, one country-made loaded pistol and a
live cartridge, 5 grams of smack-like substance, an ATM swipe
machine, 12 ATM cards and one motorcycle were recovered.
4. Learned counsel for the petitioner has submitted that
as per the case of the prosecution, the name of this petitioner has
Patna High Court CR. MISC. No.15268 of 2026(2) dt.26-02-2026
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been disclosed by the apprehended person, namely, Jitendra
Mishra. Learned counsel for the petitioner has submitted that
nothing has been recovered from his possession. He has no
concern with the alleged recovery. Save and except the
confessional statement of the co-accused, there is nothing against
him. Petitioner is having no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer of anticipatory bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of four
weeks from today and in the event of his arrest or surrender in
connection with Siwan Muffasil P.S. Case No. 614 of 2025, he will
be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each to
the satisfaction of learned 1st Additional Sessions Judge-cum-
Special Judge, (NDPS) Siwan subject to the conditions as laid
down under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
abhishek/-
U T
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