Patna High Court
Meena DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to verification of her husband’s custody.
Summary
Meena Devi, a 57‑year‑old woman, was arrested in connection with a case involving the recovery of two pistols and six cartridges from her residence. She was charged under Sections 21(1‑b)a, 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed she was innocent, had a clean antecedent, and that her husband, Janak Lal Mandal, was already in custody. The State opposed her bail. The High Court, considering her age, clean record, and the husband’s custody, allowed her bail on a bond of Rs 10,000 with two sureties, subject to verification that her husband remains in custody. The order was limited to the bail application and did not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to Meena Devi under the Arms Act and Bihar Prohibition and Excise Act charges.
- Whether the petitioner’s age, clean antecedent, and her husband’s custody justify the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 21(1-b)a, 26, 35
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Arms Act
- Bihar Prohibition and Excise Act
- criminal procedure
- age
- clean antecedent
- surety
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43640 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- SABAUR District- Bhagalpur
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Meena Devi W/o- Janaklal Mandal @ Janak Lal Mandal R/Village- Lailakh
PS- Sabour District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankit Raj, Advocate
For the State : Mr.Kanhaiya Kishore , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sabour
P.S. Case No. 50 of 2026 registered for the offence punishable
under Sections 21(1-b)a, 26 and 35 of the Arms Act and Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
two pistols and six cartridges from the house of the petitioner,
who is a woman and wife of one Janak Lal Mandal, who as per
the submission is already in custody.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43640 of 2026(2) dt.06-07-2026
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petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 14.02.2026 and claims
clean antecedent.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the fact that the petitioner is a 57 year
old woman having clean antecedent and the fact that the
husband is already in custody, this application is allowed.
7. Accordingly, 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 learned Special Judge Excise-II, Bhagalpur/
concerned Court below in connection with Sabour P.S. Case No.
50 of 2026.
8. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify as to whether Janak Lal
Mandal is behind bars or not. If he is found to be behind bars,
the bail bonds of the petitioner shall be accepted otherwise it
will be rejected.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
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any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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