Patna High Court
Pawan Kumar Mandal @ Pawan MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.