Patna High Court
Ajit Kumar @ Ajit DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted regular bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Ajit Kumar, was arrested in connection with a case involving alleged offences under Sections 310(2) & 317(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(a), 26 & 35 of the Arms Act. He contended that his name appeared only because of a confessional statement by another accused and that no arms or cash were recovered from his possession. The State argued that he was present in the vehicle from which arms were recovered and opposed bail. The Court observed that under the Arms Act recovery must be from conscious possession, which was not established, and noted that the other accused had already been granted bail. Consequently, the Court granted regular bail to the petitioner on a bond of Rs 30,000 with conditions prescribed under the B.N.S.S., 2023.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the allegation of his presence in the vehicle from which arms were recovered.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 310(2), 317(3), 480(3)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- Arms Act
- conscious possession
- confessional statement
- serious offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21017 of 2026
Arising Out of PS. Case No.-970 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Ajit Kumar @ Ajit Das S/o Late Ramdev Das Resident of Hati, P.S.-
Bhelawar (Holuar), District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Muffasil P.S. Case No. 970 of 2025 lodged on 19.09.2025, for
the offence punishable under Sections 310(2) & 317(3) of the
Bharatiya Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26 &
35 of the Arms Act.
3. As per the prosecution, FIR has been lodged against
two named accused persons other than the petitioner and four
unknown persons. The recovery of cash and arms have been
made in the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.21017 of 2026(3) dt.13-05-2026
2/3
submits that the petitioner’s name has come in this case by
virtue of the confessional statement of the apprehended accused
person and nothing has been recovered from the petitioner’s
possession, rather, he was arrested by the police at subsequent
period of time. He submits that the apprehended accused person
has been granted regular bail by the Co-ordinate Bench of this
Court vide order dated 08.01.2026 passed in Cr. Misc. No.
85543 of 2025. He further submits that the petitioner has one
criminal antecedent in which he is on bail. Counsel submits that
the petitioner is in custody since 05.01.2026 and he is ready to
fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that it has been alleged that he
was present in the vehicle from which the recovery has been
made.
6. It transpires to this Court that under Arms Act,
recovery from the conscious possession is required which is not
made here and the accused person who was apprehended from
the spot has been granted bail by the Co-ordinate Bench of this
Court.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be granted bail, on
Patna High Court CR. MISC. No.21017 of 2026(3) dt.13-05-2026
3/3
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of C.J.M., Gaya, in connection with Muffasil P.S.
Case No. 970 of 2025, subject to the conditions as laid down
U/s 480(3) of the B.N.S.S., 2023 with further conditions:-
(i) one of the bailors should be the family member of
the petitioner who shall provide official document to show
his/her bona fide;
(ii) the petitioner shall appear before the Trial Court
on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of his bail bonds by the Trial Court
itself.
(Dr. Anshuman, J)
Divyansh/-
U T
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