Patna High Court
Baijnath ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that the petitioner is entitled to bail and ordered his release on a bail bond with two sureties.
Summary
The petitioner, Baijnath Manjhi, was arrested in connection with a case under sections 25(1‑B)(a) and 26 of the Arms Act after a search allegedly recovered a pistol, a live cartridge and a mobile phone. He filed an application for regular bail, claiming he was falsely implicated and that no incriminating article was found on his person. The prosecution argued that the items were recovered during the search and that the petitioner had been in custody since 24‑12‑2023, with a chargesheet already filed. The Court considered the length of detention (over two years) and the filing of the chargesheet, and found no compelling reason to continue his custody. Consequently, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, to the satisfaction of the Judicial Magistrate, 1st Class, Sherghati, Gaya.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 25(1‑B)(a) and 26 of the Arms Act given the circumstances of the case.
- Whether the prolonged pre‑trial detention of over two years justifies denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
Subjects
- bail
- Arms Act
- regular bail
- false implication
- prolonged custody
- chargesheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8036 of 2026
Arising Out of PS. Case No.-331 Year-2023 Thana- IMAMGANJ District- Gaya
======================================================
Baijnath Manjhi Son of Late Chalitar Manjhi R/o Village - Mohatapur, P.S. -
Sherghati, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Imamganj P.S. Case no.
331 of 2023 registered under sections 25(1-B)(a) and 26 of the
Arms Act.
3. As per the prosecution case, on search, a country
made pistol and a live cartridge as also a mobile phone was
recovered from the possession of the petitioner.
4. It is submitted by learned counsel for the
petitioner that the petitioner has been falsely implicated in the
case because of his antecedent. No incriminating article has
been recovered from his possession. The petitioner is in custody
since 24.12.2023 and he undertakes to cooperate in the
investigation/ trial.
Patna High Court CR. MISC. No.8036 of 2026(2) dt.17-02-2026
2/2
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in the
F.I.R., his being in custody for over 2 years since 24.12.2023 and
chargesheet having been submitted in the case, the Court directs the
petitioner to be enlarged on bail in connection with Imamganj P.S.
Case no. 331 of 2023 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 Judicial Magistrate, 1st Class, Sherghati
at Gaya.
(Partha Sarthy, J)
Bibhash
U T
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