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Patna High Court

Ajay SainiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

Ajay Saini petitioned for bail in a case involving alleged possession of a loaded pistol, live cartridge, and 5.625 litres of liquor, charged under Sections 25(1‑B)(a), 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed the weapons and liquor were recovered from a car in which the petitioner was a passenger and that he was arrested on the spot. The petitioner argued he had no knowledge of the goods, was not the owner or driver, and no incriminating material was found in his possession; he also cited that a co‑accused had already been granted bail and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail, highlighting the petitioner’s four criminal antecedents and his presence in the vehicle. The court observed that the trial was at an advanced stage, with all prosecution witnesses examined and the accused’s statements pending, and found no new ground to grant bail. Consequently, the bail petition was rejected and the trial was directed to be expedited.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences under the Arms Act and the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s status as a passenger without knowledge of the contraband negates the need for bail.
  • Whether the petitioner’s four criminal antecedents and presence at the scene justify denial of bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • trial stage
  • criminal antecedents
  • passenger liability
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.300 of 2026
                     Arising Out of PS. Case No.-311 Year-2025 Thana- BARAULI District- Gopalganj
                 ======================================================
                 Ajay Saini S/o Fulchand Saini Resident of Village- Palam, P.S.- Palam, Distt.-
                 New Delhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priya Raj
                 For the Opposite Party/s :       Mr.Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-02-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Barauli

                   P.S. Case No. 311 of 2025, instituted for the offences punishable

                   under Sections 25(1-B)(a), 26, 35 of the Arms Act and Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that one loaded

                   country made pistol and one live cartridge has been recovered

                   from co-accused person. It is further alleged that 5.625 liters

                   liquor was recovered from a car and the petitioner was

                   apprehended on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.300 of 2026(3) dt.13-02-2026
                                            2/3




          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. The petitioner has got no concern

          with the alleged recovery of liquor. Learned counsel for the

          petitioner also submitted that the petitioner is neither owner nor

          driver of the car in question. The petitioner has got no concern

          with the alleged recovery of arms. It is next submitted that the

          petitioner was a passenger of that car and has got no knowledge

          with regard to the nature of goods loaded in the vehicle. The

          petitioner is in custody since 21.09.2025 and has got four

          criminal antecedents in which he is on bail. Learned counsel for

          the petitioner further submits that other co-accused has been

          granted regular bail by this Court vide order dated 28.01.2026

          passed in Cr. Misc. No. 4182 of 2026. There is no compliance of

          Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                   5.     Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner and submitted that

          the petitioner was sitting in that car and has been arrested on

          spot. It is further submitted that the petitioner bears four

          criminal antecedents. Hence, the petitioner does not deserve the

          privilege of bail.

                  6.      In compliance of the order dated 19.01.2026, a
             Patna High Court CR. MISC. No.300 of 2026(3) dt.13-02-2026
                                                         3/3




                       report dated 29.01.2026 with regard to the present stage of trial

                       has been received. From perusal of the aforesaid report, it

                       appears that all the prosecution witnesses have been examined

                       in this case and the case is running for the statement of accused

                       persons. It is further reported that the trial is likely to be

                       concluded within a period of one month.

                               7.      There is no new ground to consider the bail petition

                       of the petitioner. From the aforesaid report, it appears that the

                       trial is going on and is at an advance stage.

                                8.     In view of the above, the prayer for bail of the

                       petitioner is again rejected with a direction to the court below to

                       expedite the trial.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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