Patna High Court
Bablu ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
Bablu Manjhi was arrested in connection with an alleged illegal arms manufacturing case (Kharagpur P.S. Case No. 39 of 2024) under Sections 25(1‑a), 25(1‑aa), 26(i)(ii) and 35 of the Arms Act. The prosecution alleged that a large cache of pistols, dummy bullets and other arms was seized from his village. The petitioner, who had been in custody since 6 February 2024 and had no prior criminal record, applied for bail, arguing that the trial was pending and he would appear diligently. The State opposed bail, citing the seriousness of the seized arms and the petitioner’s role in the FIR. The court, noting the petitioner’s clean antecedent, the bail already granted to a co‑accused, and the length of custody, decided to grant bail with a bond of Rs. 10,000 and several conditions regarding appearance, non‑tampering with evidence and abstaining from further offences. The bail order was made subject to satisfaction of the Additional District and Sessions Judge, Munger.
Issues considered
- Whether bail should be granted to an accused under the Arms Act for alleged illegal arms manufacturing.
- Whether the seriousness of the offence and the seizure of a large cache of arms preclude the grant of bail.
- Whether the petitioner’s lack of prior criminal antecedent and the bail granted to a co‑accused justify bail with conditions.
Legislation cited
- Arms Act — s. 25(1-a), 25(1-aa), 26(i)(ii), 35
Subjects
- bail
- Arms Act
- illegal arms manufacturing
- pre‑trial detention
- conditions of bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73515 of 2025
Arising Out of PS. Case No.-39 Year-2024 Thana- Kharagpur District- Munger
======================================================
Bablu Manjhi Son of Late Ganesh Manjhi @ Ganesh Manjhi Resident of
Village - Jagir (Sheikh), P.S.- Kharagpur (Shampur), District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Kumar Singh, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 09-01-2026 Heard the parties.
2. The petitioner is in custody in connection with
Kharagpur P.S. Case No. 39 of 2024 for the offence under
Sections 25(1-a), 25(1-aa), 26(i)(ii) and 35 of the Arms Act,
lodged on 05.02.2024 by the informant, Nitish Kumar.
3. As per the prosecution story, the Police upon secret
information about the accused persons manufacturing illegal
arms in the village Paharpur for smuggling purposes, reached the
house and found them busy in manufacturing of the arms. They
tried to escape but two of them, (the petitioner herein) were
arrested and huge cache of arms recovered/seized which included
the pistols, dummy bullets and some other arms. This led to the
FIR.
4. Learned counsel for the petitioner submits that he
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has already suffered by being in custody since 06.02.2024, prior
to this case, no criminal case was registered against him, the trial
has not yet concluded and if granted relief, he shall be diligently
appearing in trial.
5. Learned APP opposes the prayer for bail submitting
that number of manufacturing gun items were recovered/seized
and petitioner has been given an important role in the FIR.
6. Taking into account the submission of the parties as
also the period of custody coupled with the fact that he has no
criminal antecedent and an undertaking has been given that he
shall be diligently appearing, as submitted, similarly situate co-
accused namely Aakash Manjhi in Cr. Misc. No. 22949 of 2025
has been granted bail, in that background, this Court is inclined
to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like
amount each to the satisfaction of learned Additional District and
Sessions Judge, III, Munger in connection with Kharagpur P.S.
Case No. 39 of 2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter ID card/Driving License/Pan
Card) to show his/her bona fide;
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(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for till the conclusion of the trial to
mark his attendance and after the end of the period, the certificate
shall be submitted before the Trial Court failing which steps shall
be taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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