Patna High Court
Ajit Safi @ DhobiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
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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
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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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