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Patna High Court

Manu Kumar Singh @ Mannu Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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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