Patna High Court

Manohar KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to conditions.

Summary

Manohar Kumar was arrested on 10‑Oct‑2025 after a country‑made pistol and a live cartridge were recovered in a case under Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution alleged that the arms were in his possession, but the petitioner asserted he had no criminal antecedents, was falsely implicated and that the weapons were not found in his conscious possession, also contending non‑compliance with Section 103 of the BNSS, 2023. The State opposed the bail application. Considering the facts, the length of custody and the petitioner’s claim of false implication, the court granted bail. Bail was set at Rs 15,000 with two sureties, one of whom must be a close family member, and the petitioner was ordered to appear at every trial date, with cancellation possible on two consecutive defaults.

Issues considered

Whether bail should be granted to the accused under Sections 25(1‑B)a, 26 and 35 of the Arms Act.
Whether the petitioner’s claim of false implication and lack of conscious possession of the recovered arms warrants bail.
Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision.

Legislation cited

Arms Act — s. 25(1‑B)a, 26, 35
BNSS, 2023 — s. 103

Subjects

bail
Arms Act
false implication
Section 103 BNSS
surety
criminal antecedents
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.7085 of 2026
                   Arising Out of PS. Case No.-301 Year-2025 Thana- BHAGWANPUR District- Begusarai
                 ======================================================
                 Manohar Kumar S/O Yadunandan Mahto Resident of Village- Makhwas,
                 Ward No.- 07, Police Station- Bhagwanpur, District- Begusarai.



                                                                                 ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarvottam Kumar, Advocate
                 For the Opposite Party/s :      Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Bhagwanpur Thana P.S. Case No. 301 of 2025 instituted for the

                   offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.

                           3.       Prosecution case in short is that there is recovery of

                   one country made pistol and one live cartridge from the

                   possession of the petitioner.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 10.10.2025. Petitioner

                   bears no criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.7085 of 2026(2) dt.04-02-2026
                                            2/3




          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. It is submitted that petitioner has no concern with the

          recovered arms. Nothing has been recovered from the conscious

          possession of the petitioner. There is no compliance of Section

          103 of the BNSS, 2023.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case and period of custody of the petitioner, this Court is

          inclined to grant bail to the petitioner.

                  8.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Bhagwanpur Thana

          P.S. Case No. 301 of 2025, subject to the following conditions:

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

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

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

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.7085 of 2026(2) dt.04-02-2026
                                                       3/3




                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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