Created by Fuzzy Cloud

Patna High Court

Pawan Kumar Mandal @ Pawan MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

Petitioner Pawan Kumar Mandal was arrested in connection with a case under Sections 25(1‑b)a and 26(1) of the Arms Act for allegedly possessing a pistol and eight live cartridges. He contended that the seizure was illegal because the police did not comply with Section 105 of the BNSS and that he was falsely implicated, having been in judicial custody since 10‑08‑2025. The State opposed bail, highlighting the petitioner’s alleged criminal antecedent of eight prior cases. After hearing both sides, the Court considered the procedural lapse in seizure and the petitioner’s right to bail, and decided to grant bail subject to conditions of cooperation, personal appearance on all court dates, and a bail bond of Rs.10,000 with two sureties, one of whom must be a near relative. The order directs the petitioner to be released on bail upon compliance with these conditions.

Issues considered

  • Whether bail should be granted to the petitioner charged under Sections 25(1‑b)a and 26(1) of the Arms Act.
  • Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure of the weapon invalidates the prosecution’s case for denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 105
  • judicial custody
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28324 of 2026
                  Arising Out of PS. Case No.-76 Year-2025 Thana- NAYA RAM NAGAR District- Munger
                 ======================================================
                 Pawan Kumar Mandal @ Pawan Mandal S/o Late Zodhan Mandal @ Late
                 Jodhi Mandal R/o Village - Bajrangbali Nagar, P.S - Naya Ram Nagar,
                 District - Munger

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nawal Kishore Singh, Adv.
                 For the Opposite Party/s :      Mr. Rajendra Singh Shastri, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Naya Ram Nagar P.S. Case No. 76 of 2025 registered for

                   the offence punishable under Sections 25(1-b)a, 26(1) of the

                   Arms Act.

                                3. The case of the prosecution, in short, is that from

                   possession of the petitioner, one 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
           Patna High Court CR. MISC. No.28324 of 2026(2) dt.05-05-2026
                                                       2/2




                     possession of the petitioner. 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

                     petitioner is languishing in judicial custody since 10.08.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has 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, shall remain

                     physically present on each and every date fixed by the

                     learned court below and one of the bailors should be his

                     near relative. 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 Judicial Magistrate, 1st Class, Munger

                     in connection with Naya Ram Nagar P.S. Case No. 76 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.