Patna High Court
Muntun KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release upon furnishing a bail bond and sureties.
Summary
Muntun Kumar was arrested in connection with a case registered under Section 111 of the Bihar Non‑Statutory (BNS) Act and Sections 25(1‑b)(a), 26 and 35 of the Arms Act after a pistol and live cartridges were recovered from his house. The petitioner claimed innocence, argued that the seizure was illegal because the police did not comply with Section 105 of the BNS Act, and highlighted that he had been in judicial custody since 6 September 2025. The State opposed his bail application. The court examined the procedural lapse in the seizure and the petitioner’s right to bail despite the seriousness of the offences. Finding merit in the petitioner's arguments and noting the procedural defect, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties and a condition to cooperate with the trial.
Issues considered
- What is the applicability of Section 105 of the BNS Act to the seizure of the weapon and cartridges?
- Whether the petitioner is entitled to regular bail despite the charges under the BNS Act and the Arms Act.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bihar Non‑Statutory (BNS) Act — s. 105, 111
Subjects
- regular bail
- section 105 procedural compliance
- arms seizure
- Bihar Non‑Statutory Act
- Arms Act
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28416 of 2026
Arising Out of PS. Case No.-909 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Muntun Kumar S/o Late Devendra Bhagat Resident of village- Chakmajahid,
Ps- Mahua, Distict- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha, Advocate
For the Opposite Party/s : Mr.Lalan Kumar, 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 regular bail in a case
registered for the offence punishable under sections 111 of the
BNS and Sections 25 (1-b) (a), 26 and 35 of the Arms Act.
3. The case of the prosecution is that the police had
input that certain miscreants had gathered to plan some offence.
On this input, the petitioner was apprehended and from his
house, one countrymade pistol along with two live cartridges
were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.28416 of 2026(2) dt.05-05-2026
2/2
this petitioner. It is further submitted that all the witnesses to the
seizure list are police personnel and police had not complied the
mandatory provision of Section 105 of the BNSS while making
the seizure. Moreover, the petitioner is languishing in judicial
custody since 06.09.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Mahua P.S. Case No. 909 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ADJ- II, Vaishali at Hajipur, subject to the condition that the
petitioner shall co-operate in the trial till the conclusion of the
trial.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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