Patna High Court
Ajay MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioners are entitled to bail and ordered their release on condition of furnishing the prescribed bond.
Summary
The petitioners, Ajay Mandal and Sitaram Singh, were arrested in a police raid on an alleged illegal mini‑gun factory at Balu Ghat, Rohiyar, where rifles and related articles were recovered. They were charged under Sections 25(1‑B)(a), 26(2) and 35 of the Arms Act. The petitioners contended that they had no possession of the seized weapons, that the seizure was made in an open place, and that the police failed to comply with Section 105 of the BNSS while making the seizure. They also pointed out that a co‑accused in the same case had already been granted bail. After hearing both sides, the High Court found merit in the petitioners’ arguments and ordered that they be released on bail upon furnishing a bond of Rs 10,000 with two sureties each.
Issues considered
- Whether bail should be granted to accused persons under Sections 25(1‑B)(a), 26(2) and 35 of the Arms Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure of the weapons warrants bail.
- Whether the fact that the weapons were not found in the petitioners’ conscious possession affects the bail decision.
Legislation cited
Subjects
- bail
- Arms Act
- illegal arms manufacturing
- seizure procedure
- Section 105
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21398 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- MANSI District- Khagaria
======================================================
1. Ajay Mandal Son of Late Bhuvneshwar Mandal Resident of Village -
Paukri, P.S.- Gangta, District - Munger.
2. Sitaram Singh @ Sitaram Mandal Son of Late Mohan Singh @ Mohan
Mandal Resident of Village - Paukri, P.S.- Gangta, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Mansi P.S. Case No. 240 of 2025 registered for the
offence punishable under Sections 25(1-B) (a), 26(2), 35 of the
Arms Act.
3. The case of the prosecution, in short, is that the
police had secret input that at ‘Balu Ghat’ of village Rohiyar,
an illegal mini-gun factory is being run and from there, accused
persons can be apprehended. On this input, police raided the
place and three persons were apprehended. The petitioners are
amongst them and from that place, two country-made rifles
Patna High Court CR. MISC. No.21398 of 2026(2) dt.17-04-2026
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with magazines and other articles for manufacturing arms were
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in
this case. He also submits that the recovery has been made
from an open place. Nothing has been recovered from the
conscious possession of the petitioners. He further submits that
the witnesses of the seizure list are police personnel and the
police has not complied with Section 105 of the BNSS while
making the seizure. Moreover, the petitioners are languishing
in judicial custody since 18.10.2025. Learned counsel has
further submitted that similarly situated co-accused person has
already been granted bail by this court vide Cr. Misc. No.
12516 of 2026. The case of these petitioners stands on similar
footing.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.21398 of 2026(2) dt.17-04-2026
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bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate, 1st Class, Khagaria in connection
with Mansi P.S. Case No. 240 of 2025.
(Ashok Kumar Pandey, J)
shubham/-
U T
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