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Patna High Court

Manikant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is to be granted subject to a bond of Rs 10,000 with two sureties and compliance with the stipulated conditions.

Summary

Manikant Kumar was arrested in connection with offences under Section 317(5) of the Bihar Narcotic Substances Act and Sections 25(1‑B)a, 25(1‑AA) and 26 of the Arms Act. Charges were framed on 26‑11‑2025, and the petitioner, who has been in custody since 21‑03‑2025 and has no prior criminal record, applied for renewal of bail alleging violations in the seizure of the firearm and that the recovered motorcycle did not belong to him. The State opposed the bail application. The Court noted that the charges had been formally framed, the petitioner had been detained for a considerable period, and there were no antecedent convictions, and it held that the alleged procedural lapses did not outweigh the presumption of bail. Consequently, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties, one of whom must be a close relative, and imposed conditions of regular appearance in court. The bail may be cancelled if the petitioner fails to appear on two consecutive dates without sufficient cause.

Issues considered

  • Whether bail should be granted to the accused despite the framing of charges under the Narcotic Substances Act and the Arms Act
  • Whether alleged violations in the seizure and lack of independent witnesses justify denial of bail

Legislation cited

Subjects

  • bail
  • Arms Act
  • Narcotic Substances Act
  • procedural violation
  • seizure
  • sureties
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7219 of 2026
                 Arising Out of PS. Case No.-78 Year-2025 Thana- SAHEBPUR KAMAL District- Begusarai
                 ======================================================
                 Manikant Kumar Son of Sitaram Mandal Resident of Village - Jangli Mandal
                 Tola, Karari, P.S. - Muffasil District - Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandan Kumar Singh, Advocate
                 For the Opposite Party/s :      Md. Matloob Rab, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   06-02-2026                      Heard Mr. Chandan Kumar Singh, the learned

                   counsel for the petitioner and Md. Matloob Rab, the learned

                   A.P.P. for the State.

                                2. The present application has been filed for renewing

                   his prayer for bail in connection with Sahebur Kamal P.S. Case

                   No. 78 of 2025 for the offence under Sections 317 (5) of B.N.S.

                   and Sections 25 (1-B)a, 25 (1-AA) and 26 of Arms Act.

                                3. The present application has been renewed on behalf

                   of the petitioner for grant of bail on the basis of the order dated

                   12.12.2025 passed by this Court indicating the liberty granted to

                   the petitioner while withdrawing the earlier application to renew

                   the prayer for bail after framing of charge.

                                4. Learned counsel for the petitioner has submitted

                   that charges in the present case had already been framed on
Patna High Court CR. MISC. No.7219 of 2026(2) dt.06-02-2026
                                            2/3




          26.11.2025 but the same could not be mentioned at the time of

          the earlier order as the same was not within his knowledge.

          Besides the fact that charges have already been framed in this

          case, it is also a fact that the petitioner has been made an

          accused in the case of Arms Act showing recovery of firearm

          but the First Information Report itself would reveal that the

          mandatory provision of search and seizure were flagrantly

          violated in the present case as there are no independent

          witnesses to the seizure list, coupled with the fact that the

          motorcycle in question from which the recovery was made also

          does not belong to the petitioner.

                       5. The application for regular bail is opposed by

          learned A. P.P. for the State.

                       6. Considering the above mentioned facts and

          circumstances and also considering the fact that the petitioner is

          in custody since 21.03.2025 and has no criminal antecedent,

          coupled with the fact that charges have already been framed,

          the petitioner is directed to be enlarged on bail in connection

          with Sahebur Kamal P.S. Case No. 78 of 2025 on furnishing bail

          bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of the learned Court

          below where the case is pending/successor Court on the
             Patna High Court CR. MISC. No.7219 of 2026(2) dt.06-02-2026
                                                         3/3




                       following conditions:-

                                    (i) One of the bailors would be close relative/family

                       members of the petitioner.

                                    (ii) The petitioner would co-operate in the trial by

                       appearing on each and every date fixed in the case and in the

                       event of his non-appearance on two consecutive dates without

                       any sufficient cause, the learned trial court would be at liberty to

                       cancel the bail bonds of the petitioner.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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