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Patna High Court

Sonu MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Sonu Mandal was arrested in connection with a case where a pistol and a live cartridge were allegedly recovered from his possession, leading to charges under sections 25(1‑b)a, 26 and 35 of the Arms Act. The petitioner claimed innocence, argued that nothing was seized from him and that the police failed to follow Section 105 of the BNSS while preparing the seizure list. He had been in judicial custody since 14‑10‑2025 and the State opposed bail, citing four prior criminal antecedents. After hearing both sides, the Patna High Court considered the procedural lapse and the circumstances of the case and decided to grant regular bail. The petitioner was ordered to be released on a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the learned CJM, Madhubani.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the Arms Act and alleged procedural irregularities in seizure.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • judicial custody
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12691 of 2026
                    Arising Out of PS. Case No.-359 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Sonu Mandal Son of Ashok Mandal Resident of Village - Baluatol, Ward No.-
                 03, P.S.- Jainagar, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Murari Narain Chaudhary, Advocate
                 For the Opposite Party/s :      Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-03-2026                     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 25(1-b)a, 26

                   and 35 of the Arms Act.

                                3. The case of the prosecution is that from the

                   possession of this petitioner, one country made pistol along with

                   one live cartridge was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. The seizure list

                   witnesses are police personnel and police has not followed

                   Section 105 of BNSS while preparing the seizure. Moreover, he
            Patna High Court CR. MISC. No.12691 of 2026(2) dt.10-03-2026
                                                        2/2




                      is languishing in judicial custody since 14.10.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and has

                      submitted that petitioner is having four criminal antecedents.

                                   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

                      Jainagar P.S. Case No. 359 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 CJM, Madhubani.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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