Patna High Court
Jyotish Kumar Mandal @ Jyotish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that because the weapon was recovered from a jointly occupied house and the petitioner had no exclusive possession or prior criminal record, bail could be granted.
Summary
The petitioner, Jyotish Kumar Mandal, was arrested in connection with offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a desi katta was recovered from his jointly occupied house. He applied for bail, arguing that he did not have exclusive possession of the weapon and had no prior criminal record, having been in custody since 14‑02‑2026. The State opposed the bail on the ground of the seriousness of the arms offences. The court considered the length of custody, the joint ownership of the premises, and the absence of any antecedent criminal history, and found no reason to deny bail. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑II, Jhanjharpur. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to bail for offences under the Arms Act when the weapon was recovered from a jointly occupied residence.
- Whether joint possession of the premises negates exclusive control and liability for the recovered weapon.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- possession
- joint house
- criminal law
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35892 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
Jyotish Kumar Mandal @ Jyotish Kumar Son of Bhuvneshwar Mandal
Resident of Village - Godhiyari, P.S.- Phulparas, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Phulparas P.S. Case No.
49 of 2026 registered for the offences under Sections 25(1-B)
(a), 26 and 35 of the Arms Act.
3. The allegation is that a Desi Katta was recovered
from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
recovery was made from the joint house of the petitioner and he
cannot be personally liable for exclusive possession of the
weapon. He further submits that the petitioner is in custody
since 14.02.2026 and has no criminal antecedent.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.35892 of 2026(3) dt.08-07-2026
2/2
6. Considering the period of custody and the fact that
the recovery was made from the joint house of the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of the
concerned Additional Chief Judicial Magistrate-II, Jhanjharpur,
Madhubani in connection with Phulparas P.S. Case No. 49 of
2026 (G.R. No. 270 of 2026).
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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