Patna High Court
Manjesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Manjesh Kumar was arrested in connection with a raid that recovered firearms, ammunition and other items from his residence, leading to charges under Sections 25(1‑B)A, 26 and 35 of the Arms Act. The petitioner claimed he was falsely implicated, alleging lack of independent witnesses, no seizure list provided to his family, and that the evidence was planted. He also highlighted his prior pending case under Sections 341, 323 and 504/34 of the IPC, for which he was already on bail. The State opposed bail, asserting the petitioner was caught red‑handed with a large cache of weapons. The High Court, after considering the charge sheet and the circumstances, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in offences under the Arms Act given the alleged seizure of weapons and the claim of false implication.
Legislation cited
Subjects
- bail
- Arms Act
- seizure
- false implication
- criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1415 of 2026
Arising Out of PS. Case No.-542 Year-2025 Thana- BARH District- Patna
======================================================
Manjesh Kumar S/O Mr. Ashok Yadav R/O Village- Shekhopur, P.S- Barh,
Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Thakur, Adv.
Mrs.Vaishnavi Singh, Adv.
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Barh P.S. Case No. 542 of 2025, registered for
the offences under Sections 25(1-B)A, 26, 35 of the Arms Act.
3. As per the prosecution case, police received
information about petitioner keeping huge cash of firearms and
ammunition in his house, a raid was conducted and a person
started running away on seeing the police party. This person was
apprehended and from his waist, one country made katta with
four live cartridges were recovered. Further recovery was made
from a bag carried by this petitioner and a country made katta,
country made pistol with magazine, one empty magazine, 15
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live cartridges, one misfired bullet and two smart phones were
recovered. The firearms were subsequently found to be
effective. The petitioner is the apprehended person.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in this case. There is no independent witness to search and
seizure. Nothing incriminating has been recovered from
possession of this petitioner and the recovery is planted. The
copy of seizure list and arrest memo were not furnished to the
family members of the petitioner though the father and uncle of
the petitioner along with all other family members have been
residing in the same house from where the petitioner is allegedly
apprehended. Petitioner is having antecedent of a case under
Section 341, 323, 504/34 of the IPC and he is on bail in the said
case. There is no allegation of similar type of case against the
petitioner. Petitioner is in custody from 22.09.2025 and charge
sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner. Learned APP
submits that that a large number of firearms and ammunition
were recovered from the petitioner who was caught red handed.
6. Having regard to the fact and circumstances and
Patna High Court CR. MISC. No.1415 of 2026(2) dt.15-01-2026
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submission made on behalf of the parties and considering the
submission of charge sheet against the petitioner and his period
of custody, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned ACJM-I, Barh/concerned court, in
connection with Barh P.S. Case No. 542 of 2025, subject to the
condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
7. Before accepting the bail bond of the petitioner, the
learned trial court will verify the criminal antecedents of the
Patna High Court CR. MISC. No.1415 of 2026(2) dt.15-01-2026
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petitioner and in case the criminal antecedents of the petitioner
differ from the antecedents as mentioned herein, the bail bond of
the petitioner shall not be accepted.
(Arun Kumar Jha, J)
Anuradha/-
U T
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