Patna High Court
Kariya Mandal @ Mukesh Kumar @ MukeshversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The High Court allowed the bail petition, directing the petitioner to surrender within eight weeks on payment of bail bond, subject to conditions.
Summary
Petitioner Pankaj Kumar Mandal applied for bail in a case registered under Sections 25(1‑b)a, 26 and 35 of the Arms Act, alleging that the only incriminating material against him was the confessional statement of a co‑accused, Fantus Parihar, who was caught with a pistol and live cartridge. The petitioner claimed innocence, asserted that no arms were recovered from his possession and that he has no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The court examined the lack of direct evidence against the petitioner and the reliance on a co‑accused’s confession, and noted the petitioner had not previously sought anticipatory or regular bail. Applying Section 482(2) of the B.N.S.S 2023, the court granted bail, directing the petitioner to surrender within eight weeks on furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions regarding concealment of antecedents or false statements.
Issues considered
- Whether bail can be granted when the only evidence is a co‑accused’s confessional statement.
- Whether the absence of seized arms from the petitioner’s possession and lack of prior criminal record justify bail under the Arms Act offences.
- Whether Section 482(2) of the B.N.S.S 2023 permits the High Court to conditionally enlarge bail in this circumstance.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- Arms Act
- confessional statement
- anticipatory bail
- criminal antecedents
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.665 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- MANIHARI District- Katihar
======================================================
1. Kariya Mandal @ Mukesh Kumar @ Mukesh, S/o Ram Bilash Mandal,
Resident of Village- Chhoti Baghmara, P.S.- Manihari, District- Katihar.
2. Pankaj Kumar Mandal @ Pankaj, S/o Dilip Mandal, Resident of Village-
Chhoti Baghmara, P.S.- Manihari, District- Katihar.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioners : Md. Musowir, Advocate
For the State : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 28-01-2026 The petition on behalf of the Petitioner No.2, Pankaj
Kumar Mandal has become infructuous in view of his arrest.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner seeks bail, apprehending his arrest,
in connection with Manihari P.S. Case No. 191 of 2025,
dated.20.07.2025 registered for the offences punishable under
Sections 25(1-b)a/26/35 of the Arms Act.
4. As per allegation, three persons including the
Petitioner were riding a motorcycle and seeing the police two
persons including the Petitioner fled away, whereas the third co-
accused, Fantus Parihar was apprehended on the spot and one
Patna High Court CR. MISC. No.665 of 2026(2) dt.28-01-2026
2/3
country made pistol and one live cartridge was recovered from
him. The name of the Petitioner has transpired in the
confessional statement of the co-accused, Fantus Parihar before
the police.
5. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case only on the basis of the confessional statement of the co-
accused, which has no evidentiary value. He further submits that
no incriminating material has been recovered from the
possession of the Petitioner and he has nothing to do with the
alleged offence.
6. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
7. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
8. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
Patna High Court CR. MISC. No.665 of 2026(2) dt.28-01-2026
3/3
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Manihari P.S. Case No. 191 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S
2023, and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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