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Patna High Court

Ajay MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
                                                        3/3




                      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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