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Patna High Court

Karu Mandal @ KarkaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to bond and surety conditions.

Summary

Karu Mandal was arrested in connection with a case registered under Sections 25(1‑b)(a) and 26 of the Arms Act after a loaded desi katta and two live cartridges were recovered from a house he shared. He contended that he was falsely implicated, that the weapons were not in his conscious possession, and that he had been in custody for over six months. The State opposed his bail application. The court considered the nature of the offence, the lack of direct possession, and the length of incarceration, and ordered that he be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties, subject to his cooperation in the trial. The order was pronounced by Justice Nawneet Kumar Pandey.

Issues considered

  • The appropriateness of granting regular bail to an accused under Sections 25(1‑b)(a) and 26 of the Arms Act where the alleged weapons were recovered from a joint house and not from the accused’s conscious possession.
  • The impact of the accused’s prolonged pre‑trial detention (over six months) on the bail decision.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal weapons
  • regular bail
  • pre‑trial detention
  • joint house
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9162 of 2026
                      Arising Out of PS. Case No.-292 Year-2025 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Karu Mandal @ Karka S/O Basuki Mandal @ Basuki Resident of Village-
                 Rajandipur, P.S.- Sabour, District- Bhagalpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Swapnil Kumar Singh
                 For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   26-02-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail

                   in connection with Sabour P.S. Case No. 292 of 2025, registered

                   for the offences punishable under Sections 25(1-b)a, 26 of Arms

                   Act.

                                   3. As per allegation, a loaded desi katta and two

                   live cartridges were recovered from house of the petitioner.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated.

                   He is under custody for more than six months and the house

                   wherefrom the katta was recovered, was a joint house. Nothing

                   was recovered from his conscious possession.
           Patna High Court CR. MISC. No.9162 of 2026(2) dt.26-02-2026
                                                       2/2




                                   5. On the other hand, the learned APP for the State

                     has opposed the prayer for bail.

                                    6. Considering the above-mentioned facts and

                     circumstances, especially period of incarceration, let the

                     petitioner above-named be released on bail on furnishing bail

                     bonds of Rs.10,000/- with two sureties of the like amount each

                     to the satisfaction of learned Chief Judicial Magistrate,

                     Bhagalpur in connection with Sabour P.S. Case No. 292 of

                     2025, subject to the condition that the petitioner shall cooperate

                     in the disposal of trial and make himself available as and when

                     required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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