Patna High Court
Mayank Kumar @ Mohan @ Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted regular bail to the petitioner subject to the conditions prescribed under BNSS, 2023.
Summary
The petitioner, Mayank Kumar, was arrested on 1 February 2025 and charged under Sections 317(2) & 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, together with Sections 25(1‑B)(a), 26 and 35 of the Arms Act. His earlier bail application was rejected, but he was allowed to renew the prayer three months after the charge was framed on 10 May 2025. The petitioner has three other criminal cases pending. The State opposed bail, arguing that the three‑month period post‑charge framing had elapsed and that the petitioner’s antecedent is not clean. The Court considered the statutory provisions governing regular bail under BNSS and the Arms Act, and held that bail could be granted provided the petitioner furnishes a bail bond of Rs 30,000 and complies with conditions under Section 480(3) of BNSS, including surety by a family member, regular appearance before the trial court and police station. Accordingly, the petition for bail was disposed in the petitioner’s favour with the stipulated conditions.
Issues considered
- Whether regular bail can be granted after the lapse of three months from the date of charge framing under BNSS, 2023.
- Whether the petitioner’s pending criminal cases and antecedent preclude the grant of bail.
- Whether the conditions prescribed under Section 480(3) of BNSS, 2023 are applicable and sufficient for bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 317(2), 3(5), 480(3)
Subjects
- regular bail
- BNSS 2023
- Arms Act
- pending criminal cases
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18235 of 2026
Arising Out of PS. Case No.-27 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
Mayank Kumar @ Mohan @ Mohan Kumar S/o Ram Priya Singh R/o Village
- Ayodhya, Ward no. 10, P.S - Teghra, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Adv.
For the Opposite Party/s : Mr.Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with
Teghra P.S. Case No.27 of 2025 lodged under Sections 317(2) &
3(5) of the B.N.S., 2023 read with sections 25(1-B) (a), 26 and
35 of the Arms Act.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner had earlier been rejected vide
order dated 06.08.2025 passed in Cr. Misc. No.37046 of 2025 in
which liberty was granted to him to renew his prayer for bail 3
months after framing of charge.
4. Learned counsel for the petitioner further submits
that the petitioner is in custody since 01.02.2025. He further
submits that charge has already been framed in this case on
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10.05.2025 and more than 3 months has already been lapsed
after framing of charge.
5. Counsel for the petitioner submits that petitioner’s
antecedent is not clean. There are three criminal cases pending
against him.
6. Learned counsel for the State opposes the prayer
for bail and submits that charge has already been framed in this
case and three months has already been lapsed after framing of
charge.
7. In the present facts and circumstances of this case
and the submissions made above, let the petitioner above
named, be granted bail, on being satisfied by the trial court that
the petitioner is not absconding in any of the cases which are
pending against him whose details are mentioned below, on
furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand
Only) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the
satisfaction of Addl. Chief Judicial Magistrate-1, Begusarai in
connection with Teghra P.S. Case No.27 of 2025, subject to the
following conditions as laid down under Section 480(3) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 with the following
conditions:-
(i) one of the bailor should be the family member of
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the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station for one year within every fortnight to mark
attendance.
8. The details of the cases which are pending against
the petitioner, are as follows:-
i. Teghra P.S. Case No.70 of 2019.
ii. Teghra P.S. Case No.331 of 2018.
iii. Ratanpur P.S. Case No.09 of 2025.
(Dr. Anshuman, J)
Prakashmani/-
U T
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