Patna High Court

Mithundeo KumarversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioners, subject to bond and surety conditions.

Summary

The petitioners, Mithundeo Kumar and Mithun Kumar, were arrested in Amarpur, Banka, after a pistol and live cartridge were recovered from a motorcycle. They were charged under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioners argued that they were innocent, that no incriminating material was found on them, and that their arrest was based solely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of material evidence, the petitioners' clean record, and the period of custody already endured, the Court granted bail subject to monetary sureties and conditions of appearance.

Issues considered

Whether bail should be granted to the accused under the Arms Act offences.
Whether the arrest and detention complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the prosecution has established sufficient grounds to deny bail.

Legislation cited

Arms Act — s. 25(1-B)(a), 26, 35
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Arms Act
Section 103
suspicion
arrest
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4427 of 2026
                      Arising Out of PS. Case No.-813 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
           1.     Mithundeo Kumar S/o- Kapildeo @ Kapildev Dev Village Fullidimar PS-
                  Fullidumar District- Banka
           2.    Mithun Kumar S/o- Kamleshwari Yadav Village Fullidimar PS- Fullidumar
                 District- Banka

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brij Nandan Prasad, Advocate
                 For the Opposite Party/s :      Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                          Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in connection with

                   Amarpur (Mainma O.P.) P.S. Case No. 813 of 2025, instituted

                   for the offences punishable under Sections 25(1-B)(a), 26 and

                   35 of the Arms Act.

                                3. The prosecution case, in short, is that one country

                   made pistol and one live cartridge have been recovered from the

                   handle of a motorcycle and the petitioners were arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.4427 of 2026(2) dt.03-02-2026
                                            2/3




          the conscious possession of the petitioners. Learned counsel for

          the petitioners also submitted that the allegation levelled against

          the petitioners are general and omnibus in nature. The

          petitioners have been arrested only on the basis of suspicion. It

          is further submitted that the petitioners have got no concern with

          the alleged recovery of arms. The petitioners are in custody

          since 17.11.2025 and have got no criminal antecedent. There is

          no compliance of Section 103 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioners, this Court is inclined to grant bail

          to the petitioners.

                       7. Let the petitioners be released on bail after

          framing of charge, if not already framed, on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Amarpur (Mainma

          O.P.) P.S. Case No. 813 of 2025, subject to the following

          conditions:
             Patna High Court CR. MISC. No.4427 of 2026(2) dt.03-02-2026
                                                         3/3




                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioners.

                                    (II) The petitioners shall appear on each and every

                       date fixed at the trial. In case of default in such appearance on

                       two consecutive dates, the prosecution will have liberty to move

                       for cancellation of bail.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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