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Patna High Court

Ajit Safi @ DhobiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application, directing the petitioner’s release on a bail bond with conditions.

Summary

Ajit Safi was arrested in connection with a case alleging that he and two others, armed with a pistol and live cartridges, were planning a dacoity. The petitioner claimed innocence, lack of material indicating preparation for dacoity, and no prior criminal record, seeking regular bail. The State opposed the bail, citing the seriousness of the offences under Sections 310(4), 310(5) of the B.N.S and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The High Court considered the facts, the period of custody since September 2025, and the absence of compliance with Section 103 of the B.N.S. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation in trial and possible cancellation if he reoffends. The application for bail was allowed.

Issues considered

  • Whether regular bail should be granted to the accused in a case involving alleged preparation for dacoity and possession of arms.
  • Whether the prosecution has established a prima facie case under Sections 310(4), 310(5) of the B.N.S and the relevant provisions of the Arms Act.
  • Whether the lack of material indicating preparation for dacoity and the petitioner’s clean record justify bail.

Legislation cited

Subjects

  • regular bail
  • dacoity
  • arms possession
  • Section 103
  • Section 310
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2922 of 2026
                    Arising Out of PS. Case No.-188 Year-2025 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Ajit Safi @ Dhobi S/O Dharam Safi @ Dharmanath Safi R/o Vill. -
                 Rashidpur, P.S - Khajauli, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar @ Ashok Karn, Advocate
                 For the Opposite Party/s :      Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   02-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Khajauli P.S. Case No.

                   188/2025 dated 06.09.2025 registered for the offences

                   punishable under Sections 310(4), 310(5) of B.N.S and Section

                   25(1-B)(a), 26 and 35 of the Arms Act.

                                3. As per the allegation, the informant a police officer

                   got secret information that three persons armed with weapons

                   were sitting on a motorcycle and were planing to commit

                   dacoity. Thereafter, the informant along with other police

                   personnels reached there and saw three accused persons

                   standing near a motorcycle. Upon seeing the police party, the

                   accused persons attempted to flee away but all the three accused
Patna High Court CR. MISC. No.2922 of 2026(3) dt.02-04-2026
                                            2/3




          persons were apprehended. It is further alleged that from the

          possession of petitioner, one country-made pistol and two live

          cartridges were recovered and from other co-accused persons, a

          country-made pistol and cartridges were recovered.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this

          case. It has been further submitted that there is no material to

          suggest that the assemblage was for preparation to commit

          dacoity. Moreover, there is no compliance of Section 103

          B.N.S.S. It has been further submitted that petitioner is in

          custody since 07.09.2025 having no criminal antecedent.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          as well as the period of custody, the petitioner above-named is

          directed to 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 learned Court concerned,

          Madhubani in connection with Khajauli P.S. Case No. 188/2025.

                       7. The petitioner is directed to co-operate in the trial

          and be well represented on each and every date in trial and

          failure to appear on two consecutive dates, the court below
           Patna High Court CR. MISC. No.2922 of 2026(3) dt.02-04-2026
                                                       3/3




                     would be at liberty to cancel the bail bonds of the petitioner.

                                  8. It is further directed that if the petitioner gets

                     involved subsequently in similar nature of offence, the State

                     would be at liberty to file appropriate application for

                     cancellation of bail bonds.

                                  9. This application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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