Created by Fuzzy Cloud

Patna High Court

Munna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.32907 of 2026(2) dt.13-05-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.32907 of 2026(2) dt.13-05-2026
                                                       3/3




                     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


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.