Created by Fuzzy Cloud

Patna High Court

Ajay MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted to the petitioner.

Summary

The petitioner, Ajay Mahto, was arrested in connection with a case registered under the Arms Act for possession of a pistol, alleged to be a foreign-made weapon. He faced charges under Sections 25(I‑B)(A), 25(I‑a), 26 and 35 of the Arms Act. The petitioner contended that he had been falsely implicated and highlighted that he already had nine prior criminal cases, for which he was out on bail, and had been in custody since 15‑12‑2025. The State opposed the bail application, emphasizing the seriousness of the offences and the petitioner’s criminal antecedents. After considering the allegations and the petitioner’s history, the Court declined to grant bail and dismissed the application.

Issues considered

  • Whether bail should be granted to the petitioner under the Arms Act given the nature of the offences and his extensive criminal antecedents.

Legislation cited

  • Arms Act — s. 25(I‑a), 25(I‑B)(A), 26, 35

Subjects

  • bail
  • Arms Act
  • criminal antecedents
  • false implication
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21888 of 2026
                    Arising Out of PS. Case No.-521 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Ajay Mahto Son of Late Mahesh Mahto Resident of Village- Ram patti Durga
                 Sthan, P.S.- Rajnagar, District- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :      Ms.Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Rajnagar P.S. Case No. 521/2025 registered for the offences

                   punishable under Sections 25 (I-B) (A), 25(I-a), 26 and 35 of

                   Arms Act.

                                3. As per the prosecution case, one country made

                   pistol has been recovered from the petitioner

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has nine criminal antecedents in

                   which he is on bail and he is in custody since 15.12.2025. The

                   petitioner undertakes to co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.21888 of 2026(2) dt.07-04-2026
                                                          2/2




                        for regular bail of the petitioner.

                                     6. Considering the allegations levelled against the

                        petitioner as well as the criminal antecedent, this Court is not

                        inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.