Patna High Court
Mittan singh @ Bhitan singhversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Mittan Singh, was arrested in connection with the recovery of various firearms and related equipment from his hut, and charged under sections 25(1‑A), 25(1‑AA), 25(1‑Ba), 26(I)(ii) and 35 of the Arms Act. He applied for regular bail, claiming he was falsely implicated, was not present at the time of the raid, and that his name was only disclosed by an apprehended co‑accused who had already been granted bail. The State opposed bail, highlighting the petitioner’s seven prior criminal convictions. After considering the facts, the court found no compelling reason to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties. The petitioner had been in judicial custody since 28 July 2025.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the Arms Act offences.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the bail granted to a co‑accused (Md. Jehangir) influences the petitioner’s bail application.
Legislation cited
- Arms Act — s. 25(1‑A), 25(1‑AA), 25(1‑Ba), 26(I)(ii), 35
Subjects
- bail
- Arms Act
- regular bail
- criminal antecedents
- seizure of weapons
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91023 of 2025
Arising Out of PS. Case No.-126 Year-2024 Thana- MUNGER MUFFASIL District- Munger
======================================================
Mittan singh @ Bhitan singh Son of Late Chaatu Singh R/o Village -
Sitacharan, Jafar Nagar, P.S. - Muffasil, Dist. - Munger.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 25 (1-A),
25 (1-AA), 25 (1-B)a, 26 (I) (ii) and 35 of the Arms Act.
3. The case of the prosecution is that there is
recovery of various weapons including a country made pistol,
live cartridges, iron rod, machines and equipment for
manufacturing firearms were recovered from a hut belonging to
Mittan Singh.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that at
the time of raid, he was not apprehended and that his name was
Patna High Court CR. MISC. No.91023 of 2025(2) dt.30-01-2026
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disclosed by the apprehended persons. It is further submitted
that apprehended person, Md. Jehangir has been granted bail by
a Bench of this Court vide order dated 02.04.2025 passed in Cr.
Misc. No. 74510 of 2024. It is further submitted that the case of
this petitioner stands on better footing. Moreover, the petitioner
is languishing in judicial custody since 28.07.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that the petitioner has seven
criminal antecedents.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Muffasil P.S. Case No. 126 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Munger.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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