Patna High Court
Manu Kumar Singh @ Mannu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions of cooperation and appearance.
Summary
The petitioner, Manu Kumar Singh, sought bail in a case registered under Sections 25(1‑b)a, 26 and 35 of the Arms Act, where three country‑made pistols and eight live cartridges were allegedly recovered from his bathan. The petitioner claimed innocence, asserting that nothing was seized from his possession and that the police failed to comply with Section 105 of the BNSS while making the seizure in an open place. He had been in judicial custody since 20 November 2025. The State opposed bail, highlighting the petitioner’s alleged involvement in eight prior criminal cases. After hearing both sides, the Court granted bail on the condition of a Rs.10,000 bond with two sureties and required the petitioner to cooperate with the trial and appear on all dates.
Issues considered
- Whether bail should be granted in a case under the Arms Act where firearms and ammunition have been seized.
- Whether the alleged non‑compliance with Section 105 of the BNSS by the police affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure
- procedural lapse
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17171 of 2026
Arising Out of PS. Case No.-511 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Manu Kumar Singh @ Mannu Kumar Singh S/O Kaushal Kishore Singh R/O
Village- Rahatpur, P.S- Balliya, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ballia P.S. Case No. 511 of 2025 registered for the offence
punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. The case of the prosecution, in short, is that from
the bathan of this petitioner, altogether three country made
pistol and eight live cartridges were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of this petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
Patna High Court CR. MISC. No.17171 of 2026(2) dt.24-03-2026
2/2
105 of the BNSS while making the seizure. The said recovery
has been made from the bathan which is an open place.
Moreover, the petitioner is languishing in judicial custody since
20.11.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of eight cases.
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 with the condition
that the petitioner shall cooperate in the trial and shall
remain physically present on each and every date fixed by
the learned trial court. The above named petitioner is directed
to be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rs. ten thousand only) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Begusarai in connection with Ballia P.S. Case No. 511 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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