IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1415 of 2026 Arising Out of PS. Case No.-542 Year-2025 Thana- BARH District- Patna ======================================================

Manjesh Kumar S/O Mr. Ashok Yadav R/O Village- Shekhopur, P.S- Barh, Distt.- Patna.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Ajay Kumar Thakur, Adv.

Mrs.Vaishnavi Singh, Adv.

For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Barh P.S. Case No. 542 of 2025, registered for the offences under Sections 25(1-B)A, 26, 35 of the Arms Act.

3. As per the prosecution case, police received information about petitioner keeping huge cash of firearms and ammunition in his house, a raid was conducted and a person started running away on seeing the police party. This person was apprehended and from his waist, one country made katta with four live cartridges were recovered. Further recovery was made from a bag carried by this petitioner and a country made katta, country made pistol with magazine, one empty magazine, 15 live cartridges, one misfired bullet and two smart phones were recovered. The firearms were subsequently found to be effective. The petitioner is the apprehended person.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case. There is no independent witness to search and seizure. Nothing incriminating has been recovered from possession of this petitioner and the recovery is planted. The copy of seizure list and arrest memo were not furnished to the family members of the petitioner though the father and uncle of the petitioner along with all other family members have been residing in the same house from where the petitioner is allegedly apprehended. Petitioner is having antecedent of a case under Section 341, 323, 504/34 of the IPC and he is on bail in the said case. There is no allegation of similar type of case against the petitioner. Petitioner is in custody from 22.09.2025 and charge sheet has been submitted.

5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. Learned APP submits that that a large number of firearms and ammunition were recovered from the petitioner who was caught red handed.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet against the petitioner and his period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Barh/concerned court, in connection with Barh P.S. Case No. 542 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

7. Before accepting the bail bond of the petitioner, the learned trial court will verify the criminal antecedents of the petitioner and in case the criminal antecedents of the petitioner differ from the antecedents as mentioned herein, the bail bond of the petitioner shall not be accepted.

(Arun Kumar Jha, J)

Anuradha/-

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