Patna High Court
Ajay SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the bail application, refusing to grant bail to the petitioner.
Summary
Ajay Sharma applied for regular bail in a case where police discovered a mini arms factory at his residence and apprehended him and his father. The prosecution alleges violations of several provisions of the Arms Act, while the petitioner claims he was falsely implicated, works in Maharashtra, and has no criminal record. He offered to cooperate with the trial. The State opposed bail, emphasizing the on‑spot apprehension and alleged involvement in the illegal arms operation. The Patna High Court, noting the seriousness of the offenses and the circumstances of his arrest, declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offenses given the alleged on‑spot apprehension and nature of the alleged crime
- Whether the petitioner’s claim of false implication and lack of antecedents warrants bail
Legislation cited
- Arms Act — s. 25(1-a), 25(1-A), 25(1-AA), 25(1-B)a, 26(i), 26(ii), 35
Subjects
- bail
- Arms Act
- illegal arms factory
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17603 of 2026
Arising Out of PS. Case No.-463 Year-2025 Thana- LAURIA District- West Champaran
======================================================
Ajay Sharma Son of Shankar Sharma R/o Dumra Devraj, P.S. - Lauriya, Dist.
- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Lauriya P.S. Case No. 463/2025 registered for the offences
punishable under Sections 25(1-B)a, 25(1-a), 26(i), 25(1-A),
25(1-AA), 26(ii) and 35 of Arms Act.
3. As per the prosecution case, a mini arms factory
was found in the house of the petitioner. The petitioner and
other co-accused persons were apprehended during the raid
conducted by the police.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. It is next
submitted that the petitioner works in Maharashtra and he has
no role in the crime. Learned counsel further submits that he has
Patna High Court CR. MISC. No.17603 of 2026(5) dt.23-06-2026
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no criminal antecedent and he is in custody since 04.11.2025.
The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the fact that the petitioner was
apprehended on the spot along with his father while allegedly
running an illegal arms factory, this Court is not inclined to
grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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