Patna High Court
Ajeet Singh @ Ajit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to surrender, a bail bond, and conditions under Section 482(2) of the B.N.S.
Summary
Ajeet Singh applied for anticipatory bail fearing arrest in a case (Palanwa PS Case No. 63 of 2025) involving alleged offences under several provisions of the Arms Act and the Bihar Negotiable Instruments Act. The prosecution alleged that arms were recovered from the house of co‑accused Pankaj Kumar, who had named the petitioner. The petitioner contended he had no involvement, no arms were found in his possession, and the co‑accused had already been granted bail. The State opposed bail, citing the petitioner’s prior criminal antecedent. After hearing both sides, the court inclined to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Arms Act and B.N.S. provisions despite the alleged offences.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
- Whether the bail granted to co‑accused Pankaj Kumar influences the petitioner’s bail application.
Legislation cited
- Arms Act — s. 25(1)(1-B)(c), 25(1-B)(a), 25(i)(1-AA), 25(i)(a)(c), 26, 28, 35
- Bihar Negotiable Instruments Act (B.N.S.) — s. 111(2), 318(4), 336(3), 338, 340(2), 482(2), 61(2)
Subjects
- anticipatory bail
- Arms Act
- criminal antecedent
- B.N.S.
- bail conditions
- co‑accused
- recovery of arms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22322 of 2026
Arising Out of PS. Case No.-63 Year-2025 Thana- PALANWA District- East Champaran
======================================================
Ajeet Singh @ Ajit Kumar Singh S/o Late Ajay Kumar Singh R/o Village -
Basatpur Satjora, P.O - Satjora Bazar, P.S- Panapur, District - Saran Bihar, Pin
- 841410
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Raj, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Palanwa P.S. Case No. 63 of 2025 instituted for the offence
under Sections 25(1-B)(a), 25(i)(a)(c), 25(i)(1-AA), 25(1)(1-B)
(c), 26, 28 and 35 of the Arms Act and Sections 111(2), 318(4),
338, 336(3), 340(2) and 61(2) of the B.N.S.
3. The case of the prosecution is that from the house
of co-accused Pankaj Kumar, arms were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
Patna High Court CR. MISC. No.22322 of 2026(3) dt.08-05-2026
2/2
case. Learned counsel for the petitioner has submitted that said
Pankaj Kumar has named this petitioner. Nothing has been
recovered from his conscious possession. It has also been
submitted that co-accused Pankaj Kumar has already been
granted bail by this Court vide Cr. Misc. No. 77561 of 2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner and has
submitted that petitioner is having one criminal antecedent.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Palanwa P.S. Case No. 63 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of Judicial Magistrate 1st Class, East Champaran,
Motihari, subject to the conditions as laid down under section
482 (2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
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