Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32907 of 2026 Arising Out of PS. Case No.-377 Year-2025 Thana- SULTANGANJ District- Patna ====================================================== Munna Kumar S/o Brahamdeo Singh Resident of Bazar Samiti Purab, Ram Krishna Colony, Opposite Kali Mandir, Mahendru, Dist. - Patna, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Faizan Mehdi, Advocate Mr. Rahil Firdaush, Advocate Mr. Abu Nasar, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Sultanganj P.S. Case No. 377 of 2025 dated 30.09.2025 registered for the offences punishable under Sections 25(1-B)(a) and 35 of the Arms Act.
3. As per the allegation, the informant, a police officer, got a secret information while on patrolling duty that one Mohammad Naushad is waving a rifle. Upon such information, the informant reached near that place and arrested Mohammad Naushad and when he was interrogated there who stated that he had concealed the rifle with the help of this petitioner in his shop i.e., Munna Communication mobile shop. The said Mohammad Naushad was taken to that shop and upon
Patna High Court CR. MISC. No.32907 of 2026(2) dt.13-05-2026 2/3 shutter being raised the rifle was found there.
4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in this case. It has further been submitted that petitioner is a local shop owner and he has no concern with co-accused Mohammad Naushad and when he was waving the rifle all the shop owners including this petitioner due to fear fled away even unlocking the shop. It has further been submitted that perhaps co-accused Mohammad Naushad had concealed the said rifle in the shop of the petitioner and since it was recovered from the house of petitioner, a statement has been made by the police through the mouth of co-accused Mohammad Naushad that this petitioner helped in the concealment of the said rifle. It has further been submitted that the petitioner himself has been made victim of circumstances. It is further been submitted that the search and seizure is in violation of Section 103 of the B.N.S.S. It has further been submitted that petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.32907 of 2026(2) dt.13-05-2026 3/3 case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail 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 court concerned, Patna City in connection with Sultanganj P.S. Case No. 377 of 2025, subject to conditions as laid down under Section 482(2) of the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J) shivam/- U T