Patna High Court
Md. MunnaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted given the nature and gravity of the offenses.
Summary
The petitioner, Md. Munna, was arrested in September 2025 for alleged involvement in illegal arms manufacturing, with 30 semi‑manufactured pistol bodies and barrels seized from his joint possession. He sought regular bail under Sections 111 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and multiple sections of the Arms Act. The prosecution presented evidence of the seized weapons, highlighting the seriousness of the offenses. The Patna High Court, after hearing counsel, considered the nature and gravity of the allegations and the material evidence. Concluding that the case warranted continued custody, the Court refused to grant regular bail. The order emphasized that its observations were prima facie and would not affect the trial's merits.
Issues considered
- Whether regular bail should be granted to the accused in view of the seriousness of the alleged illegal arms manufacturing offenses under the Bharatiya Nyaya Sanhita and the Arms Act
Legislation cited
- Arms Act — s. 25(1-A), 25(1)(a), 25(1-AA), 25(1)(b), 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 61(2)
Subjects
- regular bail
- illegal arms manufacturing
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22163 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- Pothia District- Katihar
======================================================
Md. Munna S/O Late Md. Salam @ Late Salem R/O Village- Hazaratganj
Gali No. 01, Ward No. 39, P.S- Kashim Bazar, Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar
For the Opposite Party/s : Ms. Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Pothia P.S. Case No. 109 of 2025 registered for the offence
under Sections 111 and 61(2) of the Bharatiya Nyaya Sanhita,
2023 and Sections 25(1)(a), 25(1)(b), 25(1-A), 25(1-AA), 25(1-
B)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, a total of 30 pieces of
semi-manufactured iron pistol bodies and 30 barrels are alleged
to have been recovered from the joint possession of the
petitioner and his associate.
4. The petitioner is alleged to have been involved in
the manufacture of illegal arms. He is in custody since
08.09.2025.
Patna High Court CR. MISC. No.22163 of 2026(2) dt.09-04-2026
2/2
5. Considering the nature and gravity of the
allegations and the materials available on record, this Court is
not inclined to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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