Patna High Court
Ashok Kumar @ Ashok MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to regular bail as no material was recovered from his possession and the circumstances warrant his release on bail.
Summary
Ashok Kumar, accused under IPC sections 399 and 402 and Arms Act sections 25(1‑b)a, 26 and 35, applied for regular bail. The co‑accused had recovered a loaded pistol, another firearm, and charas, and had identified the petitioner, but no material was recovered from the petitioner himself. The petitioner, in custody since 7 January 2025 and having six prior criminal antecedents, claimed innocence. The State opposed bail, citing the seriousness of the offences. The High Court, considering the lack of direct recovery from the petitioner and the circumstances of custody, allowed regular bail on a bond of Rs.10,000 with two sureties and a condition of monthly police‑station attendance, noting the observation was prima facie and not on the merits.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges under the IPC and Arms Act.
- Whether the absence of any seized contraband from the petitioner’s possession justifies granting bail.
- Whether the conditions imposed (bond and monthly police attendance) are sufficient to ensure the petitioner’s compliance.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 399, 402
Subjects
- regular bail
- criminal procedure
- IPC
- Arms Act
- extortion
- robbery
- illegal arms possession
- charas
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2425 of 2026
Arising Out of PS. Case No.-196 Year-2016 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Ashok Kumar @ Ashok Mahato son of Devnarayan Mahto village-
Dhanauta , PS- Daraundha , Dist - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 06-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 357/2025, arising out of G. B. Nagar P.S.
Case No. 196 of 2016 registered for the offence under Sections
399, 402 of the Indian Penal Code and u/s 25(1-b)a/26/35 of the
Arms Act.
3. There is recovery of one loaded country made
pistol, ten pieces of brown-yellow charas from the possession of
co-accused Golu @ Anshu Singh and from the possession of co-
accused Vishal Singh, one loaded country made firearms was
recovered. Both the co-accused persons has disclosed the name
of the petitioner.
Patna High Court CR. MISC. No.2425 of 2026(4) dt.06-04-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 07.01.2025 having six criminal
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and also there is no recovery made from the
possession of the petitioner, period of custody, this application
for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge, 7th Siwan,/successor Court in connection with Sessions
Trial No. 357/2025, arising out of G. B. Nagar P.S. Case No.
196 of 2016, with a condition:-
(i) The petitioner will mark his attendance
at Daraundha Police Station on every
Sunday of each month. Any default in
appearance at the local Police Station will
result into cancellation of his bail bond.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.2425 of 2026(4) dt.06-04-2026
3/3
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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