Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail may be granted, subject to conditions, under Section 482(2) of the B.N.S.S.
Summary
Munna Kumar, a mobile shop owner, was implicated in a case (Sultanganj PS Case No. 377 of 2025) for allegedly assisting Mohammad Naushad in concealing a rifle, offences under Sections 25(1‑B)(a) and 35 of the Arms Act. The petitioner claimed innocence, arguing that he fled the scene out of fear and that the police statement against him was fabricated, also contending that the search and seizure violated Section 103 of the B.N.S.S. He applied for anticipatory bail. The State opposed the bail. After hearing both sides, the High Court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offences under the Arms Act
- Whether the search and seizure conducted by police violated Section 103 of the B.N.S.S.
Legislation cited
Subjects
- anticipatory bail
- Arms Act
- search and seizure
- false implication
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32907 of 2026
Arising Out of PS. Case No.-377 Year-2025 Thana- SULTANGANJ District- Patna
======================================================
Munna Kumar S/o Brahamdeo Singh Resident of Bazar Samiti Purab, Ram
Krishna Colony, Opposite Kali Mandir, Mahendru, Dist. - Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Faizan Mehdi, Advocate
Mr. Rahil Firdaush, Advocate
Mr. Abu Nasar, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Sultanganj P.S. Case No. 377 of 2025 dated
30.09.2025 registered for the offences punishable under
Sections 25(1-B)(a) and 35 of the Arms Act.
3. As per the allegation, the informant, a police
officer, got a secret information while on patrolling duty that
one Mohammad Naushad is waving a rifle. Upon such
information, the informant reached near that place and arrested
Mohammad Naushad and when he was interrogated there who
stated that he had concealed the rifle with the help of this
petitioner in his shop i.e., Munna Communication mobile shop.
The said Mohammad Naushad was taken to that shop and upon
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shutter being raised the rifle was found there.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that petitioner is a local
shop owner and he has no concern with co-accused Mohammad
Naushad and when he was waving the rifle all the shop owners
including this petitioner due to fear fled away even unlocking
the shop. It has further been submitted that perhaps co-accused
Mohammad Naushad had concealed the said rifle in the shop of
the petitioner and since it was recovered from the house of
petitioner, a statement has been made by the police through the
mouth of co-accused Mohammad Naushad that this petitioner
helped in the concealment of the said rifle. It has further been
submitted that the petitioner himself has been made victim of
circumstances. It is further been submitted that the search and
seizure is in violation of Section 103 of the B.N.S.S. It has
further been submitted that petitioner has got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
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case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Patna City in connection with Sultanganj P.S. Case No. 377 of
2025, subject to conditions as laid down under Section 482(2) of
the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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