Patna High Court
Monu @ Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court denied anticipatory bail to the petitioner.
Summary
Monu (also known as Saurabh Kumar), a 19‑year‑old, applied for anticipatory bail after being implicated in a case under sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution’s case is based on an informant, Sheru Mandal, whose mobile phone allegedly contained chats with the petitioner about the sale of a pistol and a photograph of the weapon, which was later recovered. The petitioner contended that he was implicated solely on Sheru’s confession and that multiple cases were being unfairly thrust upon him. The State highlighted the mobile evidence and the petitioner’s four prior criminal antecedents. Considering the seriousness of the arms offences, the mobile evidence, and the petitioner’s criminal history despite his young age, the Court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail can be granted to a 19‑year‑old accused under sections 25(1‑B)a, 26 and 35 of the Arms Act on the basis of mobile chat evidence and prior criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
Subjects
- anticipatory bail
- Arms Act
- section 25(1-B)a
- section 26
- section 35
- mobile evidence
- criminal antecedents
- age of accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74910 of 2025
Arising Out of PS. Case No.-167 Year-2025 Thana- KASIMBAZAR District- Munger
======================================================
Monu @ Saurabh Kumar S/o Late Ajay Mandal @ Ajay Kumar Mandal R/o
Mohalla- Sadipur, Near Chhoti Durga Asthan, P.S.- Kotwali, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-02-2026 Heard Mr. Ajit Kumar Singh, learned counsel for the
petitioner and the State.
2. The petitioner apprehends his arrest in connection
with Kasim Bazar P.S. Case No. 167 of 2025 for the offence
registered under sections 25(1-B)a, 26, 35 of the Arms Act.
3. As per the prosecution story, the informant alleged
that on 22.06.2025, one Sheru Mandal was arrested and on
going through his mobile, it surfaced that he was connected to
number of co-accused, the petitioner included. On the same day,
when the arrest took place, some of the accused were going to
meet the petitioner and thereafter, he was supposed to pay Rs.
1,00,000/- to Sheru Mandal. On further interrogation, Sheru
Mandal informed that the pistol has been kept near the bush and
on rushing there, a pistol and two cartridges recovered/seized,
Patna High Court CR. MISC. No.74910 of 2025(3) dt.20-02-2026
2/2
which followed the FIR.
4. Learned counsel for the petitioner submits that only
on the confession of Sheru Mandal, he has been implicated, not
only in this case but multiple cases have been thrust upon him.
He is only 19 years of age.
5. Learned APP, Mr. Bharat Bhushan has taken this
Court to the case diary to show that upon going through the
mobile phone of Sheru Mandal, the chat with the petitioner
relating to sale/purchase of pistol as also the photo of the pistol
surfaced, further, he has criminal antecedent.
6. Considering the submissions of the parties as also
the allegation that has come against this petitioner who despite
being only 19 years of age, has four criminal antecedents under
his belt besides the present case, no relief can be extended.
10. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Vijay Singh/-
U T
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