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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

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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