Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
Monu Kumar was arrested in connection with a case registered under sections 25(1‑B)(a), 26 and 35 of the Arms Act for allegedly possessing a country‑made pistol. The prosecution alleged that the weapon was recovered from him and no documents were produced. An earlier bail application was rejected on 12‑08‑2025. The petitioner, who had been in custody since 23‑03‑2025 and after the charge‑sheet was filed, renewed his prayer for regular bail. The court, after hearing both sides, noted the prolonged detention and the filing of the charge‑sheet and ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Purnia.
Issues considered
- Whether the petitioner is entitled to regular bail under the Arms Act after being in custody for nearly a year and after the charge‑sheet has been filed
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- possession of illegal firearm
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91470 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Monu Kumar, S/o Khagesh Mandal, Resident of Village- Srimata, Ward No.
04, P.S.- Tikapatti, District- Purnia, Pin - 854204
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 19-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of
regular bail in connection with Tikapatti P.S. Case no.51 of
2025, registered under sections 25(1-B)(a), 26 and 35 of the
Arms Act.
3. As per the prosecution case, a country made pistol
was recovered from the possession of the petitioner for which he
did not produce any documents.
4. It is submitted by learned counsel for the petitioner
that the earlier prayer for bail of the petitioner was rejected vide
order dated 12.8.2025 passed in Cr. Misc. no.54543 of 2025. No
incriminating article has been recovered from the petitioner’s
possession. He is in custody since 23.3.2025 and undertakes to
cooperate in the trial.
Patna High Court CR. MISC. No.91470 of 2025(3) dt.19-03-2026
2/2
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the petitioner having remained in custody for almost
1 year since 23.3.2025 and charge-sheet having been submitted
in the case, the petitioner is directed to be enlarged on bail in
connection with Tikapatti P.S. Case no.51 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
Chief Judicial Magistrate, Purnia.
(Partha Sarthy, J)
avinash/-
U T
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