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Patna High Court

Muntun KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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