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2026 DAILYLAW 9130 (PAT)

Mankhush Kumar @ B.C. v. The State of Bihar

CR. MISC./11037/2026 · 2026-02-23

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11037 of 2026 Arising Out of PS. Case No.-362 Year-2025 Thana- MOKAMAH District- Patna ====================================================== Mankhush Kumar @ B.C. Son of Manoj Kumar @ Manoj Yadav Resident of Village- Gosai Gaon, P.S.- Barh, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Mokama P.S. Case No. 362 of 2025 instituted for the offence under Sections 25(1-B)(1), 26 & 35 of the Arms Act. 3. Prosecution case in short is that there is recovery of one country made pistol and one cartridge from one Dhaba at the instance of the petitioner. 4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.09.2025. Petitioner bears two (2) criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application. 5. It has been further submitted by the petitioner’s Patna High Court CR. MISC. No.11037 of 2026(2) dt.23-02-2026 2/3 counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner has no concern with the recovered arms. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel next submits that police after investigation has already submitted charge sheet in this case. There is no compliance of Section 103 of the BNSS, 2023. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner. 8. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mokama P.S. Case No. 362 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two Patna High Court CR. MISC. No.11037 of 2026(2) dt.23-02-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Raj Kishore/- (Rudra Prakash Mishra, J) U T