Patna High Court

Md. MonuversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court held that regular bail must be granted when the trial is delayed, the charge is recent, and the accused have clean antecedents, subject to strict conditions.

Summary

The petitioners, Md. Monu and Md. Raju, were arrested on 1 September 2024 in connection with a case registered under Sections 25(1‑b)a, 25(1‑AA), 26 and 35 of the Arms Act. They applied for regular bail, arguing that the charge sheet had only recently been framed, the trial was delayed, and they were entitled to a speedy trial. The counsel also highlighted that a similarly situated accused, Virendra Kumar Srivastava, had been granted bail by a coordinate bench of the same court. The court noted the petitioners' clean antecedents and the principle of granting bail when the trial is pending. Accordingly, the court allowed the bail application, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, attend the police station every Sunday, and cooperate with the trial proceedings, with non‑compliance leading to cancellation of bail.

Issues considered

The petitioners' right to regular bail under the Arms Act when the trial is pending and the charge sheet is recent
Whether the precedent of bail granted to a similarly situated accused warrants granting bail in the present case

Legislation cited

Arms Act — s. 25(1-AA), 25(1-b)a, 26, 35

Subjects

regular bail
Arms Act
speedy trial
bail conditions
pre‑cedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17138 of 2026
                       Arising Out of PS. Case No.-2 Year-2024 Thana- Naya Bhojpur District- Buxar
                 ======================================================
           1.     Md. Monu S/O Md. Usman Resident Of Hazratganj Bara, P.s.- Kasim
                  Bazaar, District- Munger
           2.    Md. Raju S/O Md. Zahir Resident Of Hazratganj Bara, P.s.- Kasim Bazaar,
                 District- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hafiz Shahbaz Arif
                 For the Opposite Party/s :        Mr.Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek regular bail in connection with

                   Naya Bhojpur P.S. Case No. 2 of 2024 registered for the offence

                   punishable under Sections 25(1-b)a, 25(1-AA), 26 and 35 of the

                   Arms Act.

                                3. Learned counsel for the petitioners submits that the

                   charge has been framed recently and the trial is not proceeding

                   and the petitioners have a right of speedy trial. He also submits

                   that similarly situated accused namely, Virendra Kumar

                   Srivastava, who was caught by the petitioners have been granted

                   bail by a co-ordinate Bench of this Court in Cr. Misc. No. 10857
Patna High Court CR. MISC. No.17138 of 2026(2) dt.24-04-2026
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          of 2025 on 11.04.2025.

                       4. The petitioners are in custody since 01.09.2024 and

          claim clean antecedents also.

                       5. Considering the above, this application is allowed.

                       6. Let the petitioners, above named, be released on

          bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each

          with two sureties of the like amount each to the satisfaction of

          the learned concerned Court below in connection with Naya

          Bhojpur P.S. Case No. 02 of 2024.

                       7. The petitioners will also mark attendance in Kasim

          Bazar Police Station, District- Munger on every Sunday of the

          month. Any default in appearance at the Police Station would

          result in cancellation of bail bonds of the petitioners.

                       8. As a condition of this order, the petitioners, after

          being released on bail are directed to co-operate in the trial

          either by appearing personally or through their lawyer in the

          trial Court on each and every date fixed by the trial Court.

          Noncompliance of the condition will result in cancellation of the

          bail bonds of the petitioners.

                       9. At the time of accepting bail bonds of the

          petitioners, the Court below will verify the criminal antecedent

          of the petitioners. If it is found that the petitioners have criminal
          Patna High Court CR. MISC. No.17138 of 2026(2) dt.24-04-2026
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                    antecedent, the Court below shall not accept the bail bonds of

                    the petitioners and if it is found that the petitioners have clean

                    antecedent, their bail bonds shall be accepted by the Court

                    below.



                                                               (Sandeep Kumar, J)
Vikas/-

U

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